What is Family Mediation and How Does it Work?

Family mediation is a carefully structured process designed to help separating couples resolve disputes and reach agreement on issues such as child arrangements and financial settlements. It is an option worth considering as it can provide a less adversarial and more cost-effective alternative than going to court. Here we explain what family mediation involves and how it can help you during your divorce or separation.

A form of alternative dispute resolution, family mediation is a way for separating couples to work through disagreements. A trained, impartial mediator will help facilitate discussions towards reaching a mutually acceptable agreement.

It is often used to reach agreement on issues such as child arrangements, property division, and financial support. Family mediation can also be used by unmarried couples or other family members who are experiencing conflict. The process is confidential and can take place in-person or online. There is also shuttle mediation where each person sits in a separate room and the mediator moves between them.

You should consider mediation if you are a separating or divorcing couple and you are both interested in working towards an agreed resolution, for example about financial arrangements or childcare, even if constructive communication has broken down. Mediation will avoid the stress and cost of going to court, but you both should be willing to communicate (even indirectly) and be open to compromise.

In most cases, before you can apply to the family court for a financial or child-related order, you must attend a Mediation Information and Assessment Meeting (MIAM). This initial meeting helps determine whether mediation is suitable for your circumstances.

Mediation can be a useful way to resolve a range of family law issues, including child arrangements – where children will live, how much time they will spend with each parent, and holiday contact – and financial settlements following a separation or divorce.

Mediation is flexible and can be tailored to your needs. It can also be used alongside forms of support such as counselling.

The time mediation takes will depend on the complexity of the issues involved and the willingness of both parties to engage in the process. It will start with an initial MIAM appointment and then a series of sessions, each lasting 1–2 hours.

Relatively straightforward child arrangements may be resolved in one or two sessions, while financial matters involving property or pensions can take longer. Sessions are usually spaced a few weeks apart, giving parties time to reflect and seek additional legal advice.

There are multiple advantages to family mediation:

• It can offer a calmer, more respectful process and can be cost-effective, especially if disputes are resolved quickly.
• It can also provide a faster resolution and one which is confidential as discussions in mediation remain private.
• Mediation offers more control over the process and encourages cooperation that can lead to better long-term relationships post-divorce – especially important when children are involved

Family mediation is not always appropriate but for many separating couples, it can offer a more amicable, quicker, and less costly path to resolving difficult issues.

If you are unsure whether mediation is right for your situation, we are here to help assess your options and guide you through the process. Taking this first step could help you avoid the emotional and financial strain of court and move forward with greater clarity and control.

As leading family law solicitors in Milton Keynes our team of specialists can advise and guide you from the moment we start working with you. In addition to our head office in Milton Keynes, we also have offices in Bicester, Watford, and London where we can arrange appointments to see you in person. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.