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About family mediation

Family Mediation is a process where separating couples are able to sit with an independent third party and engage in a managed discussion. The aim is to reach mutually acceptable proposals for dealing with issues concerning children and/or financial issues arising out of separation.

Mediation assists those who have decided to separate or divorce talk issues through with a mediator. Mediators are trained to help people discuss and agree on the best arrangements moving forward.

Why choose mediation?

Changes to the Family Justice System in 2013 made it a compulsory requirement to make a referral to mediation before any application to the Court can be made.

Mediation should not be seen as only a pre-cursor to Court proceedings. Settling issues at mediation has number of advantages over Court proceedings or instructing solicitors.

The benefits of mediation are:

  • It helps you make informed decisions that are right for your circumstances, your future and the future of your family.  If your case went to Court, these decisions will be made by a Judge or magistrate who has no understanding of your family dynamic or circumstances. They could therefore make decisions which neither of you are happy with.
  • It allows you to retain control of important decisions for you and your children.
  • Mediation can go at a pace which suits both of you and therefore is much more informal and flexible than Court proceedings.
  • Mediation provides an environment for the two of you to talk to one another privately. Everything that is said in mediation is confidential, and what is discussed cannot be used in Court proceedings, meaning that both of you can talk openly and freely.
  • Mediation is a cost-effective alternative to Court proceedings. The average number of sessions it takes for couples to reach mutually acceptable proposals and decisions is between 3 and 5 sessions, with the costs of each session being split equally between you.  The costs of lengthy negotiations through solicitors and Court proceedings can result in huge costs and you would each be responsible for your own costs.
  • It helps children by allowing parents to work together to make important decisions about their future.

How does it work?

Either of you can make a referral to us confirming your interest in attending mediation. We will then contact you to discuss your current circumstances and the reason you wish to attend mediation and will also explain the process to you.  Should you wish to proceed you will be invited to attend a Mediation Information and Assessment Meeting (MIAM). We will also contact the other party to invite them to attend an MIAM and explain the process to them. Following your individual MIAMs, should you each wish to proceed, and should we feel your case is suitable, a first joint session can be arranged.

Mediation is entirely voluntary and if either of you feel the process is not working, or is simply not for you, then you can withdraw at any time.

At the first meeting, we will ask you both to confirm that you are still willing to engage in the process and both of you will sign an Agreement to Mediate. This confirms your willingness to mediate and sets out the ‘ground rules’ on how the process works. Once the Agreement to Mediate has been signed, mediation can begin.

We will give you both an opportunity to have your say, listen to you both and find out what is important to you. We will assist you in making your own choices and decisions about the best way forward.  We will also help you reach practical solutions which will work for you, and where applicable,  your children.

Mediation Sessions

Each session usually lasts for about 2 hours but can be between 1 and 2 hours depending on the issues involved.

It is common for parties to already have solicitors who make a referral to mediation in the hope that an agreement can be reached.  You can each consult your solicitor at any time to take legal advice on what is best for you because the mediator cannot give advice.

When you are both satisfied with the decisions you have reached in mediation, we will prepare a summary of what has been agreed. Should you wish to make this legally binding, you can provide the summary to solicitors to complete the legal formalities.

In all, the process can take as little as one session but can require a number of sessions. Much depends upon the circumstances of your particular case and the issues involved. Three to five sessions are common.

Should you be interested in family mediation, or simply wish to receive any further information, please do not hesitate to contact our FMCA Accredited Family Mediator, Paul Richardson on 0115 648 2738 or at paul.richardson@futuresmediation.co.uk