Why choose mediation?
There are many advantages to mediation:
- It is often a cheaper and quicker way of resolving family issues than using court processes.
- It can be a less stressful way of reaching agreement or finding solutions, and one of the key aims is to reduce conflict between you for the future, and to improve future communication.
- It is child focused.
- It is about problem solving, so very solutions focused.
- It is a simple, yet flexible process, which can be tailored to your specific issues and needs.
- It facilitates direct communication between you, rather than through lawyers, and can reduce longer-term hostility between you.
- It avoids lengthy (or any) correspondence, and the costs associated with that if you are using lawyers.
- The court’s involvement in your affairs is either minimal or non-existent.
- You solve your problems together in discussion and can take ownership of the process.
- The decisions reached are your own and tailored to your particular circumstances.
- There is an increased likelihood of decisions reached standing the test of time, because you have come up with them yourselves.
Is mediation legally binding?
The mediation process itself is not binding. However, if arrangements are resolved, they can be formalised into a parenting plan agreement or outcomes document, which in turn can be converted into a Consent Order or Separation Agreement.
How does mediation differ from going to court?
Mediation is typically quicker, less stressful, and more cost-effective than court proceedings. It allows families to retain control over decisions, rather than having outcomes imposed by a judge. It is also a flexible process. You are in control.
Is mediation confidential?
Yes. Everything discussed in mediation is private and cannot be used in court unless both parties agree, or safeguarding concerns arise.
How long does mediation usually take?
Most cases are resolved within 1–4 sessions, each lasting around 90 minutes to 3 hours. The timeline depends on the complexity and willingness of both parties, and the types of issues being considered.
Do I have to be in the same room as the other party?
No. We offer shuttle mediation and remote sessions to ensure comfort and safety for all participants.
Key points about mediation:
- It is voluntary;
- It is confidential (subject to safeguarding exceptions);
- It is impartial. The mediator cannot give either party any legal advice, although they can provide legal information.
Mediation keeps decision-making in your hands. This is especially important in cases involving children. Parents know their children best and are generally best placed to make decisions for them.
A mediator cannot give advice and will recommend that you take legal advice alongside mediation, certainly at key points in the process.
It is also possible to include third parties such as financial or pensions advisors, counsellors, or even lawyers in the process, providing everyone agrees.
Ruth Hawkins, Partner
If you would like advice about your own situation, please call us on 01235 425500 or get in touch online. Our specialist family law team will be happy to help.
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