Divorce - Mediation Process Explained

Family Department FAQs

Julian Hunt, Head of the Family Department answers questions commonly raised by clients on relationship breakdown and how the divorce mediation process can encourage co-operation throughout the divorce proceedings.

What happens in divorce mediation? My wife and I have split up and we intend to get divorced. She has suggested that we should go to mediation. Is this the same thing as marriage counselling?

It is a common misconception that mediation and counselling are one and the same thing, but they are not. Counselling is about you and your relationship. It can help couples understand and deal with their feelings and emotions. Sometimes it can assist parties to address their difficulties where they have decided to give the relationship another go. Mediation on the other hand, is about assisting parties to come to mutually acceptable decisions on certain issues arising from the break-up, such as property, finances and children. It is a process of negotiation to help parties find a solution that meets all of your needs including any children. At the end of the day it is about coming to an arrangement that everyone can live with.

What benefits does mediation have?

The idea of mediation is to help reduce tension, anger and misunderstandings between parties. This can be especially important where there are children because whatever you may feel about each other, you are going to need to get on as parents for the wellbeing of the children. Mediation is designed to encourage co-operation between parties and to prevent disputes intensifying thus making it harder for agreement to be reached in the future.

What is the mediation process? How does it work?

A mediator meets with the parties for a series of sessions, during which time they will assist you to collect all the necessary information that will be required to enable you to negotiate with one another whether it be in relation to issues about property, finances or children. The mediator will not tell you what to do or take sides but will be able to share ideas with you and help you look at different solutions. The mediator’s job is to act as an impartial third party and manage the process. They have no power to impose a settlement.

Do I still need a Solicitor if I go to mediation?

Yes. Whilst mediators can give you general information about the law and how the legal system works, they cannot give you legal advice. You can engage a solicitor with whom you can consult throughout the mediation process. At the end of mediation you will get a written summary of the decisions you have reached. It should be borne in mind that this is not a legally binding document and you will need a solicitor to draw up a formal agreement or an Order for the Court to make it binding.

What if I do not want to go to mediation, is it compulsory?

Mediation is always voluntary. For it to work, both parties need to take part. Neither of you should feel threatened or pressured by the other to attend. You do not have to attend mediation if you do not think it is for you. Mediation is not appropriate in every case.

Do I have to go to mediation before court?

You do not need to consider Mediation at all if you have agreed your Divorce and you are applying to the court to for an agreed Financial Order. Otherwise, you are at least required to have attended a Mediation information meeting (MIAM) unless you can apply for an exemption due to the urgency of your application or there are issues of domestic abuse within the relationship.

I want to resolve things amicably but I think I need my Solicitor with me in meetings for support and advice.

In this case an alternative for you to consider would be the Collaborative Law process. This process involves a series of roundtable meetings with legal advisors with both you and your partner present. It allows you to have the benefit of your own independent legal advice whilst enabling you to stay in control, and to set the agenda to talk about the things that matter most to you and your family. For couples who generally seek a fair solution and want to minimise the pain of family breakdown, it may offer the very best way ahead. Further resources can be found on the family services pages of our website and by visiting www.resolution.org.uk. To contact the Family Law Team at Dean Wilson LLP, call 01273 249221 or email us lr@deanwilson.co.uk