Family Mediation – Some FAQ’s

Family mediation can be an alternative to going to court with the aim of settling your divorce amicably. Here we go through the top five most common questions surrounding family mediation and set out to answer your questions.

To discuss how we can help with Family Mediation, please contact Victoria Sterritt on victoria.sterritt@seddons.co.uk or by phone 020 7725 8066.

1. Are we legally bound by mediation?

An important objective of mediation is to reach an agreement that all involved are prepared to be bound to. However, mediation is a voluntary process and the outcome must be agreed and you cannot be bound by a mediator or the discussions had within mediation. 

2. Can my solicitor be our mediator?

The role of the mediator is to facilitate and guide discussions in a neutral manner. Often mediators are solicitors but in the role of a mediator will not be acting for either party but adopting an objective role. If a solicitor has represented one party then that same solicitor can then not also mediate but will be able to signpost you to other mediators who can assist. 

3. Is Mediation relationship counselling?

Mediation is a process that facilitates the resolution of issues after a relationship has broken down. If during the course of mediation matters change and people wish to explore counselling or reconciliation and that is an agreed path, then your mediator will be able to signpost you to professionals who can assist.

4. Are the discussions and financial offers in mediation going to be used against me in any court proceedings?

Mediation offers a safe and secure environment where participants are encouraged to have open discussions without fear of those discussions being used against them. Discussions in mediation are Without Prejudice. 

5. Can we use mediation even though we are in proceedings?

Participants can engage in the mediation alongside the litigation or Court process. Mediation can be used effectively to narrow issues. If not successful in resolving all issues, any remaining matters that do require judicial involvement can be discreet.

More information on Family Mediation Week can be found on Family Mediation Council.