How does mediation work?

  • Initially you will be asked to complete a simple referral for and the first appointment will assess the suitability of your case for mediation and the willingness of the other party to participate. Mediation is an entirely voluntary process and so both parties must be willing to take part.
  • During the first session each of you will be given the opportunity to be seen separately so that you can tell us about the current situation and what you hope to achieve in mediation. We will discuss with you whether you feel able to mediate in the presence of your partner or from separate rooms. Mediation can only take place if you both feel safe.
  • During the first session we try to deal with any pressing issues such as interim contact arrangements and/or financial assistance. Those arrangements can then be put in place on a temporary basis until long term childcare arrangements and financial settlement has been agreed. Being able to agree small steps and issues at this early stage helps a couple to relax and make the best use of future mediation sessions.
  • If mediation involves financial issues you will both be given financial information forms to complete. It is important for couples to realise that the more fully they complete the forms and the sooner they are produced the more readily they can commence negotiations. Delay leads to wasted mediation sessions when little can be discussed or agreed because the essential information has not been disclosed. It is also important to attach the relevant documents to the form as evidence of income, expenditure, asset values and liabilities.
  • The number of mediation sessions will be determined by the nature and number of issues to be resolved but is usually between a total of 3 and 6 sessions.
  • Appointments are usually weekly or fortnightly but are offered to suit a couples individual requirements and can be spaced to meet cost budgeting needs.
  • Future sessions concentrate on sharing and clarifying financial information, looking at the couples needs and those of the children, formulating the various ‘options’ available for resolution, testing each option to see whether it could work in reality and starting to formulate solutions.
  • Agreements may be reached on all of the issues in contention or on just a few of them and, at that stage, we will set out your agreed proposals in a document called either a mediation summary ( of agreements reached so far) or a memorandum of understanding ( at the end of the mediation process). The memorandum is confidential and cannot be disclosed to anyone unless agreed by both of you. Couples usually agree to disclosure to a solicitor who will help them to make the agreement legally binding.
  • If mediation involves financial matters we will also produce for you a financial summary. That document is not confidential and could be produced in court proceedings if matters do not settle in mediation.
  • You will then be able to show the documents to your individual solicitors to receive advice on how to make it legally binding. If any points arise you are welcome to return to mediation for further sessions.