Guide to Mediation

What is mediation?

Mediation is a voluntary process during which an independent mediator assists couples to discuss and agree arrangements for children and finances following separation. It is designed to assist couples to reach their own decisions which are right for them and their children rather than having outcomes imposed on them by a court.

How does the process work?

As mediation is a voluntary process, both you and your ex-spouse/partner will need to agree to attend.

Once you have both agreed to attend, the first step is for each of you to have an initial individual meeting with Jessica. The purpose of this meeting is so that you can each explain to Jessica what you would like to discuss and achieve at mediation, and she can set out the process in more detail to you. If appropriate, she can also explore how to tailor the mediation to suit both your needs and hopefully reach an outcome that works for both of you. The initial meeting usually lasts around 1 hour.

The initial meeting allows Jessica to assess the suitability for mediation moving forward.

Once both of you have had your initial meetings, assuming you both wish to proceed and mediation is considered suitable, the first joint session will be scheduled in. Each session usually lasts up to 90 minutes. The number of sessions you will require varies; however, it is usually the case that at least 3 sessions will be needed.

Why mediation?

Mediation is often less stressful, more cost-effective and quicker than going to court. It allows you and your ex-spouse/partner to keep more control of your future and put your children’s interests first.

Is mediation legally binding?

All discussions during mediation are ‘without prejudice’ meaning that you and your ex-spouse/partner can explore possible solutions without fear that you will be held to it if court proceedings later become necessary.

Once you and your ex-spouse/partner have reached an ‘agreed proposal’ you will be able to give it further consideration and seek legal advice.

Agreed proposals for the finances will become legally binding once they have been put into a consent order and signed by both of you.

Arrangements for the children are likely to evolve and change over time but it can be helpful to have a parenting plan in place which can be revisited as the children grow up and their needs change.