
Making family arrangements through mediation
Family mediation is an effective way to resolve disputes and make arrangements after separation without the need for court intervention.
What is family mediation?
Family mediation is a structured process where an independent, professionally trained mediator helps separating couples work out arrangements for children, finances, and other matters. The mediator facilitates discussions to help both parties reach a mutual agreement.
Mediation keeps you in control of decisions rather than leaving them to a court. It is a flexible, confidential, and often less stressful than legal proceedings, allowing families to find practical solutions suited to their circumstances.
Why should I choose family mediation?
There are several benefits to family mediation:
- Cost-effective: It is often significantly cheaper than going to court.
- Quicker: Agreements can usually be reached faster, with flexibility over the number and timing of meetings.
- Less stressful: Mediation encourages cooperation and can help reduce conflict and improve communication.
- Neutral and non-adversarial: Sessions take place in a supportive environment rather than a courtroom.
- Confidential: Discussions are private and without prejudice, allowing you to explore solutions openly.
- Child-focused: Mediators help prioritise children’s welfare, and children often benefit from seeing parents work together.
- Flexible and collaborative: Other professionals, such as lawyers or financial advisers, can be involved if needed.
- You stay in control: No agreement is imposed. Outcomes must be agreed by both parties.
Is family mediation suitable for everyone?
Mediation may not be suitable in all situations, such as where there has been domestic abuse, coercion, or where one party refuses to engage. Suitability is assessed during an initial meeting known as a Mediation Information and Assessment Meeting (MIAM).
What is a MIAM?
A MIAM is the first step in the process. During this meeting, the mediator explains how mediation works, assesses whether it is suitable for your situation, and discusses next steps.
How do mediation sessions work?
Mediation sessions are typically held in a neutral space, although online mediation is also available. The mediator guides discussions to keep them constructive and solution focused.
Sessions may cover:
- Arrangements for children (living arrangements, schooling, holidays)
- Financial matters (division of assets, child maintenance)
- Communication and future co-parenting plans
The mediator helps you identify options, reality test them and work towards workable agreements.
Can children be involved in mediation?
Yes, child inclusive mediation allows children to voice their feelings with the mediator separately, where both parents agree, and the mediator considers it appropriate. These meetings are confidential, and children decide how their views are shared.
What happens if we reach an agreement?
Where mediation is successful, the mediator will prepare documents summarising the issues discussed, and the arrangements reached. These usually include a Memorandum of Understanding, an Open Financial Statement and a Parenting Plan. While not legally binding, they can be used by a solicitor to draft a Consent Order for court approval.
What does mediation cost?
The cost of mediation varies depending on the number of sessions required and the complexity of the issues being discussed.
How do I find a family mediator?
It’s important to choose a mediator registered with the Family Mediation Council (FMC). FMC Registered Mediators are professionally trained and follow a strict code of practice. You can search for a local mediator through the FMC website. Our family team includes two FMC registered mediators, Samantha Hickman and Amy Parker.
What if my ex-partner has already seen a mediator?
If your former partner has attended a MIAM, you will usually be invited to attend one yourself so you can decide whether mediation is right for you.
Is mediation better than going to court?
For many families, mediation is a preferable alternative to court. It allows you to retain control, reduces conflict, and is usually faster and more cost-effective. However, court proceedings may still be necessary in cases where mediation is unsuitable, or agreements cannot be reached.
Conclusion
Family mediation offers a practical, cooperative way to resolve issues following separation. It can save time, money, and stress while helping you focus on solutions that work for your family. To get started, consider attending a MIAM and contacting an FMC Registered Mediator for support.
For more information or advice, please contact Sam Hickman in our Family team.
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