Divorce mediation and family mediation services

There are many benefits to mediation, including:

• Protection of relationships – many couples who separate wish to remain on good terms and avoid a heated, ongoing dispute. Mediation enables you to work together to resolve the practical issues you need to address but with the security of expert guidance.
• Better future interactions - it is important to remember that you may need to maintain an ongoing relationship with the other party on some level; for example, co-parenting together. Mediation can help you to understand each other’s perspective better, improve communications between you, and lay the foundations for a successful method of resolving issues. This can have a profound impact on the future interactions and benefit the entire family.
• Child-focused – if you have children, mediation will focus on the impact any decisions might have on them at all times, helping you to ensure the best interests of your children are always properly considered and protected.
• Empowering – not only are you in control of the process, but you will also be empowered to make the choices for you and your family, being guided every step of the way by the mediator.
• Flexible – the process is bespoke and can be adapted to suit your needs, going at the pace needed for you.
• Convenient – the mediation sessions can be arranged at a time, place and in a manner that fits around your life.
• Cost-effective – mediation is often a less expensive way to resolve matters, particularly when compared to a formal court process.
• Speed – it can be possible to move forward much more quickly via mediation.
• Private – the process is confidential and any discussions regarding financial settlement are ‘without prejudice’ meaning they must be kept confidential between yourself and any advisors.​

Mediation is a process where the parties come together to discuss and resolve issues with the help of a neutral third party mediator.

The goal is to allow everyone's concerns to be heard, and to reach an agreement. The amount of sessions required and type of mediation offered will depend on the case and it's complexity.

During the mediation process, all parties can give their perspective, provide evidence, explain their ideal outcome, and offer solutions. The mediator will guide the conversation to ensure all parties perspectives and needs are understood, to keep the discussions focussed and ensure the right pace is adopted.

If an agreement is reached, there is the option for the mediator to draft up a legal document for both parties. If an agreement has not been reached, your mediation can also explore the other options that have to be considered, including other dispute resolution processes and, if necessary, court.

Yes. It is rare for parties to begin mediation believing they will leave with an agreement. Despite this, most mediations result in an agreement.

If that does not happen for you, then you can still explore other avenues for resolving the issues you need to address, including other types of alternative dispute resolution and as a last resort, court proceedings. Even in those circumstances, there is still often a benefit of the family mediation process, as it can be useful in narrowing the issues between you, even if you cannot agree on everything. This will often expedite any alternative process that may still be required and save significant costs.

It is sensible to explore the option of mediation early on if you think it is something that might work for you. The earlier mediation is considered, the less likely it is that costs will have been incurred on any alternative processes or that views will have become fortified on certain issues.

However, mediation is usually an option at any stage of your relationship breakdown process and irrespective of whether a court process has begun or not.

We have experience of successfully assisting in mediation at any time from the very outset or just before a contested court hearing. It is not uncommon for mediation to be re-considered once a court process has commenced and the realities of that process are laid bare, including the financial and emotional costs it often entails. Mediation can run alongside any other formal process if desired.

Mediation can either take place online, or at our offices in Reading or at another agreed neutral location.

The process is flexible to suit the needs of you and your family. Traditionally, mediation takes place with the parties and mediator in the same room. However, it is possible to break-out into separate rooms where appropriate or to conduct the entire mediation in separate rooms (known as ‘shuttle mediation’), potentially even at different times or on different dates if required so that the parties do not come face to face.

There is also the option of remote mediation via video call, which is becoming increasingly popular due to the added convenience and time savings.

Many people choose to attend mediation to gain the benefits it can bring, but it is a completely voluntary process.

Although mediation is voluntary, before starting most types of court proceedings there is a requirement to attend a Mediation Information and Assessment Meeting (“MIAM”) to ensure mediation has been carefully considered. If you do not do this then it can result in a court application being paused or dismissed.

Most family court judges will actively encourage parties to attend mediation and will not only expect it to have been carefully considered before progressing a court application, but may also adjourn proceedings to allow time for mediation if appropriate. There are also rules in place in most family law proceedings that stipulate the parties must have considered non-court dispute resolution (NCDR) processes properly, of which mediation is the most common process, and not unreasonably refused to engage in them. If it is later found that a party unreasonably refused to engage, then there can be orders made against them to meet the other party’s costs.

In most cases, both parties pay towards the costs of mediation. As there are multiple ways it can be split, it is important that before you start mediation that you decide how the costs involved will be paid.

It is most common for both parties to pay 50% each. However, some families or couples have savings where the costs are paid from, or in other cases, one person may pay for the costs with the agreement this will be paid back in the financial divorce settlement. When mediating on financial matters, it is often important to consider that the costs are likely reducing the amount available to the parties, irrespective of who is actually paying.

Depending on the issues, it is often possible to access the Family Mediation Voucher Scheme, where the government provides a non-means tested contribution towards the costs of mediation.

The cost of mediation depends on a few factors, but ultimately the overall cost will depend on the number of, and complexity of, the issues involved.

Mediation sessions and the work around those is usually charged on an hourly rate basis, or by a session cost if fixed fees are agreed. It is common for the mediator to do work outside the sessions, such as reviewing financial information, to help facilitate discussions. They may also have to draft up documents such as financial settlements or other outcome agreements.

When considering mediation costs, it is important to understand whether charges are per person or per couple. It is also important to note that there can often be other costs alongside the mediation, such as costs for surveyor's reports, pension or other expert reports, or costs for legal advice for changing a will.

It is best to discuss your specific circumstances in a Mediation Information and Assessment Meeting (MIAM), where a better estimate of your costs can be given as part of a full assessment of whether mediation is right for you.