Mediation provides an alternative to court procedure to separating parties, however it is not suitable for everybody. Mediation would not be appropriate where there are safety issues or where one party is concerned that the other will not be open and honest. However it is an option that many separating couples use to assist them in reaching decisions that they arrive at themselves thus avoiding a court imposed solution that potentially suits neither party’s needs.

A cornerstone of the mediation process is the neutrality of the mediator/co-mediators. The most commonly used models of mediation entail the parties meeting in a room with either one mediator (usually a lawyer) or co mediators – here the lawyer is joined by a mediator whose other profession is in something such as psychology or family therapy.  A sole mediator is perfectly capable to conduct the process. However, in situations where there are serious questions regarding the children e.g. one party wishes to move permanently to another country with the children the input of a family mediator throughout the process may be invaluable. 

The mediator does not provide advice rather (s)he assists the couple reach their own informed decisions. It is for this reason that the parties generally have their own solicitor in the background who will advise at the beginning and end of the mediation process and quite often after each and every mediation session.

As in any option utilised to resolve financial aspects of the breakdown of a relationship both parties must make a full and frank disclosure of their financial position. 

Discussions in the mediation are confidential save for a situation where a child or one of the parties may be at risk. The financial disclosure however is “open” and if the mediation breaks down this financial information is available to the court in future proceedings. The confidentially of the discussions lends itself to free, full and frank discussion and allows the parties to explore the options robustly. Although the mediator is unable to give advice (s)he can give information and this greatly assists the parties in understanding how a court might look at a situations such as theirs. 

A mediation will normally take between 3 and 6 sessions of one and half hours each to complete.  If the mediation is totally successful the mediator will draw up a memorandum of understanding for the parties to take to their respective solicitors to draw up a consent order to be lodged with the court.  Until the parties have received legal advice the memorandum of understanding will not be binding upon them.

If the mediation breaks down it is likely that the parties will have narrowed the issues between them and this should ensure that any ensuing proceedings are limited to matters still in dispute. It can be seen that mediation is a process suitable for parties who want to craft their own solution rather than have a court imposed solution that does not meet their needs to so well.

For further information on mediation please contact Margaret Kelly on 020 7725 8000 or margaret.kelly@seddons.co.uk