Mediation FAQs

Mediation offers a safe and neutral forum for the discussion and resolution of the issues that arise from a relationship breakdown, from financial matters to child arrangements.

Mediation is voluntary and empowers you to make decisions for your family together, rather than having decisions imposed on you within the court process.  It usually involves participants meeting in the same room with the mediator, either face-to-face or remotely. It is a much more cost-effective way to resolve matters than an adversarial court process.

• A separating couple can reach a solution which suits the family’s specific needs and requirements; these are not necessarily what a court would impose on them.
• It offers a dignified, civilised approach to separation in a private and secure setting.
• It is cost effective –  most of the work is done in meetings and there is very little, if any, solicitors’ correspondence.
• It is non-adversarial – unlike the court process.  
• The separating couple sets the agenda and pace of the process.
• Where there are children, mediation can build better communication between parents.
• The children are at the heart of the process – they can be seen by the mediator and their wishes can be taken into account.

• Children – how the children will spend time with each parent, where they will go to school and other issues relating to their welfare
• Parenting – if you have not been able to agree how you will parent, the mediator assists you in drawing up a Parenting Plan, setting out matters relating to the children’s welfare and how you will communicate going forward
• The process of separation or divorce, the timescale and how to manage the separation in the best interests of the children (including how to talk to them)
• Financial issues arising out of divorce and separation including:
  
  • Property and the division of capital - including where you, your former partner and the children will live
  • Maintenance – both child maintenance and, where appropriate, spousal maintenance provision (payments to your former spouse)
  • Pensions – whether there should be a pension sharing or pension attachment order, or whether pensions should be “offset” against the other person receiving a greater share of the capital resources.
  • How family businesses, business shareholdings, inherited assets and any other financial matters arising out the separation are to be resolved
• Pre-nuptial agreements, post nuptial agreements and Cohabitation Agreements
• Financial issues arising upon the breakdown of a cohabiting relationship or civil partnership.

In most cases, couples attend the mediation meetings with just the mediator present (ie, without lawyers attending) although sometimes lawyers do attend (what is known as “solicitor-inclusive mediation”), for example where there are complex issues.

Throughout the process (at the outset and between meetings), both parties have the opportunity to seek independent legal advice from their own solicitor.

At the end of the process, the mediator prepares a “Memorandum of Understanding”, which sets out what has been agreed. This is only binding upon the couple once each person has had the opportunity to seek advice on the proposed agreement from their own solicitor.

Financial information or documentary disclosure that is exchanged in mediation is “open” – so it can be used in another process (including court proceedings) if the process breaks down.

However, settlement proposals or discussions over options for settlement that take place in mediation cannot be referred to should the process break down, thereby encouraging an option-based approach to settlement.

Your mediator will discuss with you whether it would be appropriate for your children to meet with them in the mediation process. The starting point is that all children over the age of ten should have the opportunity to speak to the mediator unless there is a good reason as to why this would not be appropriate, so that their voices can be heard within the mediation process. Sometimes the mediator may meet with children younger than this, but this is assessed on a case by case basis.

If it is decided that the children will meet with the mediator (this is known as child-inclusive mediation), your mediator will either meet with the children himself or herself, or arrange for another suitably qualified professional to meet with them.

It is important to note that the children will not be asked to take sides or make decisions.  Instead, the children are offered an opportunity to speak to the mediator freely and confidentially and the child will decide what, if anything, they want to be fed back to the parents. You will find more information about child-inclusive mediation here.

Mediation generally takes place in person or via video call.

Sometimes it will be agreed with the mediator that although the case is suitable for mediation, it would be better if the participants do not meet face to face (in person or via video call) or speak directly.

In these circumstances, shuttle mediation might be possible. This involves the mediator meeting with the participants in separate rooms (either in person or online) and moving between them to help them find a resolution. We regularly conduct shuttle mediation on Zoom and other video platforms. 

An amalgamation of best family law practice and civil mediation principles, hybrid mediation is often used in complex divorce and family cases which involve significant financial resources, as well as high-conflict cases. In traditional family mediation, lawyers tend not to attend meetings but advise alongside the process between meetings, However, in the hybrid mediation process, lawyers often attend the sessions.

Our hybrid mediation service offers clients a genuine alternative in complex and more high conflict cases which might otherwise end up in court to lengthy, adversarial court proceedings. In hybrid mediation, the mediator is able to “hold confidences” given in separate meetings by one or other party. This enables the mediator to understand what may be holding back progress in negotiation and can enable impasse to be broken in even in high conflict and/or more complex cases.

Where one person does not feel able to sit in the same room with another person in mediation (due to domestic abuse or for another reason), it is possible for the mediator to conduct shuttle mediation. This involves the mediator conducting the mediation with the parties across two rooms, shuttling between the two rooms. Shuttle mediation is available both in the traditional family mediation model but also in the hybrid mediation process.

Whilst this process can take longer than a conventional mediation meeting, where a couple sits in the same room together, shuttle mediation can be highly effective where, even if one person cannot sit in the same room as the other person, the couple still wishes to resolve matters through mediation.

For more information or to book an initial Mediation appointment, please contact us on 01243 769001 or email us. 

Yes, we regularly welcome referrals from other family law solicitors for mediation and enjoy working with solicitors, as we feel that they have a crucial role to play in mediation process. Solicitors can complete our mediation referral form and one of our team will be in touch with them within one business day.

Mediation is a voluntary process.  However, before issuing a court application the applicant is expected to have attended a Mediation Information and Assessment Meetings (“MIAMS”) so that they can explore whether or not mediation might be suitable for resolving their dispute.

If you have been invited to attend a MIAM you are expected to go, unless you are exempt (see details on MIAM exemptions here). If you do not attend the mediator will sign a document to allow the other party to proceed with the court process.

Each mediation, like each family, is different.  On average mediations tend to require between three and five joint meetings of around 90 minutes each, although in more complex situations, there may a need for more meetings and meetings may take longer. Every situation is ultimately different, and the timing and length of meetings is something that is flexible and is something we will discuss with you.

One of the advantages of mediation is the ability to convene meetings quickly and at your convenience. This contrasts with the court process, where they can be long delays.

Your mediator will carry out preparation work between meetings and prepare “outcome documents” at the end of the process including a “Memorandum of Understanding” setting out the terms of the proposed agreement reached in mediation.

We charge for mediation on an hourly rate and will provide more details about likely costs on request. The hourly rate will depend on the mediator you choose – we have five mediators in our team at present.

We always provide an estimate of the overall costs at the start of the mediation process and update you as to the costs position as the end of every meeting.

Clients attending mediation with us pay as they go, with payments normally being made at meetings, so that everyone is clear exactly what costs are being incurred.

We will discuss with you at the outset of the mediation how the mediation will be funded, i.e. whether you will share the costs equally or whether one person will pay for part or all of the process.

Yes, we are part of the Ministry of Justice’s Family Mediation Voucher Scheme. For eligible cases, the voucher scheme provides a contribution of up to £500 towards the mediation costs.

The scheme is time-limited, set up in response to court delays following the Covid-19 pandemic. You can read more about the scheme and eligibility on the gov.uk site here.

Mediation is part of our integrated suite of family law solutions. There are various ways to resolve issues and we will take the time to understand your individual circumstances.

In order to reach resolution, our highly experienced specialist team are trained to move between a range of mediation styles to support you through separation and divorce. Together, we can find the right approach for you.

If family mediation does not resolve all issues, we will discuss with you (and will recommend that you speak to your solicitors) other ways of reaching a resolution, such as early neutral evaluation, arbitration or the court process.

You can read more about different family mediation approaches on page 4 of our Family Mediation Guide, and our integrated approach to family law matters on pages 8 – 9. 

Resolution is a nationwide organisation of family lawyers committed to the constructive resolution of family disputes.

Most Resolution mediators are qualified and practising solicitors who understand the law, in addition to being trained in mediation skills.

Mediation takes place “in the shadow of the law” and therefore having a Resolution-trained mediator is helpful, as he or she can provide valuable legal information and bring experience to bear on the process.

All mediators at Edward Cooke Family Law are specialist family solicitors and undertook their initial mediation training with Resolution. As a firm, we are committed to the ongoing development of our mediation practice through continued professional development for all of our mediators, all of who regularly undertake further training and supervision in their mediation practice.

We are family law specialists with particular expertise in financial cases and children law. All of our accredited mediators are able to undertake Mediation Information and Assessment Meetings (“MIAMS”).