Mediation

Mediation is future-focused and child-focused and enables parties to maintain their agency and discuss what they want, with the benefit of a third party present to manage and assist with those discussions. It can help to preserve relationships and prevent parties becoming entrenched in positions, encouraging them to focus on their interests.

Mediation provides an opportunity for separating couples to make their own decisions about arrangements for their children and how to divide their finances. Mediators are impartial and independent third parties and will aim to ensure there is no power imbalance between the parties.  Mediators cannot provide legal advice. They can provide legal information to inform discussions between parties.

Mediation is confidential and discussions take place on a without prejudice basis, meaning that they cannot be disclosed in any court proceedings without the consent of both parties.

The parties are required to attend a Mediation Information and Assessment Meeting (MIAM), as proceedings cannot be issued without first attending a MIAM appointment. During this meeting, the mediator will consider the circumstances of the case, provide information about mediation, and assess whether it is a suitable method for resolving the dispute. Mediation is voluntary and at any point either party can decide they do not want to mediate. Even if a court orders that parties take part in mediation, it is a voluntary process and nobody can be compelled to take part. A mediator can also decide that it is not safe and suitable to mediate and will not provide reasons for reaching this decision. Parties may attend multiple mediation sessions, and where appropriate, a specialist barrister can be instructed to provide advice on a specific issue. Any such barrister must be accredited for public access.

Any agreement reached in mediation in relation to child arrangements, or proposals for financial agreement, are non-binding. However, mediators can prepare a parenting plan, and a memorandum of understanding in relation to financial proposals that can be shared with solicitors for the purpose of drafting a consent order to be approved by the court.  

In order for any party to attend mediation they will be required to sign an agreement to mediate which sets out the role of the mediator as well as the expectations of the individuals involved and how they will work together.

Mediation is extremely flexible in that discussions are not limited to what a court can order but can cover all issues that parties would like to discuss. Further, if appropriate, parties can be accompanied by their solicitors to mediation sessions in order to receive legal advice during the mediation, in the right circumstances where it is considered beneficial and solicitors sign an agreement regulating their involvement in the mediation.

In addition, if parties involved in mediation require legal advice they can instruct a barrister, at any level depending on the complexity of the case and the assets involved, to provide advice to parties jointly to assist them to resolve any disputes they have not resolved through the mediation process. This is a form of early neutral evaluation.

Mediators will seek to understand if abuse is a factor in the relationship between parties in order to understand whether it is safe and suitable to mediate, and will consider this throughout the mediation process. They will also consider any measures that will enable parties to safely participate in mediation.

If you want to attend mediation in Chambers you can contact us directly by completing a referral form, or your solicitor can make a referral for you.