Mediation

Mediation is a process in which separating couples seek to reach agreement about matters relating to their finances and/or children with the assistance of a trained, impartial third party – the mediator.

Mediators do not make decisions for you. The mediator's role is to facilitate open and free discussion and to try to help you reach an agreement together.

Mediation is not reconciliation or counselling but is a process to help you resolve issues arising from your separation.

What does mediation cover?

A mediator can help separating couples agree:

• issues relating to arrangements for their children
• financial provision for the parties and/or their children including how the family home or other assets should be shared
• other financial and non-financial matters arising on separation.

The process

• the couple will attend an initial meeting with the mediator. If financial issues are being discussed the mediation process starts with the disclosure of all financial information.
• you will attend a series of meetings together with your mediator. On average, four to six sessions are needed. At the end of the process the mediator will summarise the proposals and send them to your solicitors. You will each consider the proposals with your solicitors. The solicitors will deal with the legal formalities to make any agreement binding.
• the provision of legal advice will often run side by side with mediation and you may seek advice from your solicitor between meetings with your mediator. Your and your partner's solicitors cannot be at the same firm as your mediator. Our mediators at Thomas Eggar LLP will be happy to help you choose a solicitor if required.

Benefits of mediation

Mediation:

• often leads to a quicker and less expensive conclusion than going to Court
• helps separating couples to communicate and co-operate to reach agreement
• can be less stressful and upsetting than going to Court
• is confidential.

Want to know more

Jill Goldman and Claire Hamilton-Russell are experienced mediators as well as being family law specialists.