Family Mediation
How does family mediation work?
In mediation a trained mediator speaks to you and your former partner separately at first, then aims to get everyone round a table to talk about what arrangements will be made for the future, however mediators work with separating couples in ways that are flexible and suitable for your particular situation. You do not have to be in the same space as your former partner if you or the mediator decides that working with you in separate spaces would be preferable. Mediation helps you stay in control. Nobody will make you do anything against your wishes.
It can be used to work out financial matters or children’s schedules and any other practical decisions that need to be addressed. Mediation can also be helpful when arrangements you have made before need to change, particularly as your children grow up. It is a process that focuses very much on the future, rather than the past.
If you are a parent, it is far better for your children for you and your former partner to work together to try to agree the way forward, but this can be hard to do on your own. Family mediation provides you with a safe and supported structure to sort out the best arrangements for your children, taking into account what is going to be important for them as they grow up. It also provides you with the space and time necessary to think about what is most important for your children, and for the whole family.
Mediation is a voluntary, confidential process. When you separate, it can be hard to talk to your former partner at all, let alone in a way that enables to you reach an agreement about what is best for your family. In the meetings the mediator will guide you through discussions that help you both to explain what you want to happen and eventually to reach an agreement. If you don’t manage to agree everything, you cannot refer in court to discussions that you have had in mediation, but financial information which has been disclosed can be used in court.
Legal advice during mediation
While you are going through mediation, it is sensible to take some legal advice. This can be the best balance between keeping costs low and achieving a settlement that works for you.
An agreement reached in mediation is not legally binding by itself but can be turned into a court order to become binding and enforceable if that is what both of you agree should happen. It is usual to do this in financial matters.
Is mediation for me?
Mediation is not right for everyone. It will not work where there is a big imbalance of power between you or where there has been significant domestic abuse. However, for most people, even where conflict levels are high, it can be a very effective process for sorting out disagreements or narrowing the tricky issues. It can also help with communication and understanding, going forward.
Mediation is usually much quicker and cheaper than using solicitors for a court application. Legal aid is available for family mediation, subject to a means test, and if you qualify you will be able to go through mediation for free with a legal aid provider.
Contact us for family mediation support
Our family mediation team is experienced and registered with Resolution, and we follow the Resolution Code of Practice. This means that we are committed to resolving disputes in a non-confrontational way, encouraging agreements, and respecting the dignity of every party involved.
Elaine Parkes Solicitors is also Law Society Accredited with the Legal Practice Quality Mark and registered and regulated by the Solicitors Regulation Authority.