Family Mediation.

No — a mediator is neutral and cannot advise either party. Their role is to facilitate discussion and help the parties reach their own decisions, not to tell either person what they should agree to or what their legal rights are. This is why having your own solicitor alongside mediation is important: you should take legal advice before mediation begins so you understand your position, during the process if questions arise, and before signing any agreement at the end. Mediation and legal advice are complementary, not alternatives. Going into mediation without understanding your legal rights puts you at a disadvantage — particularly where the other party does have legal advice.

Yes — mediation is specifically designed for situations where direct communication has broken down. Shuttle mediation allows the mediator to move between separate rooms, so the parties never need to be face to face. Even in joint sessions, the mediator controls the process and ensures both parties can speak without interruption or intimidation. Many people arrive at mediation unable to have a civil conversation and leave having reached agreement — the structured environment makes a significant difference. The key requirement is not that you are on good terms, but that both parties are willing to engage with the process in good faith.

In most cases, yes — attendance at a Mediation Information and Assessment Meeting (MIAM) is a legal requirement before making an application to the family court for most children or financial matters. The court will not accept your application without evidence that a MIAM has taken place or that a recognised exemption applies. Exemptions include cases involving domestic abuse, urgency, or situations where the other party has failed to respond to a MIAM invitation. Attending a MIAM does not commit you to full mediation — it is simply an initial meeting to assess whether mediation is suitable. If mediation is not appropriate, the mediator will confirm this and you can proceed to court.

Most mediations involve between two and six sessions, each lasting around 90 minutes, though the number needed depends on the complexity of the issues and how readily both parties can reach agreement. We charge by the hour and provide a written cost estimate at the outset. Mediation is almost always significantly less expensive than court proceedings — both in financial cost and time. Some people qualify for publicly funded mediation through legal aid; a mediator can confirm eligibility at the MIAM stage. Even where legal aid is not available, the cost of mediation compares very favourably to the cost of contested court proceedings, which can run to many thousands of pounds.

Agreements reached in mediation are not automatically legally binding — they are recorded in a document called a memorandum of understanding, which sets out what has been agreed. To make a financial agreement legally binding, both parties must then instruct solicitors to draft a consent order, which is submitted to the court for approval. Once approved by the court, the consent order is enforceable. Arrangements for children agreed in mediation can also be formalised as a consent order if the parties want legal certainty, though many families manage child arrangements informally without a court order. Mediation produces agreement; it is the court order that produces legal enforceability.

Not always — and this is one of the most important questions to raise at the MIAM stage. Where there is a history of domestic abuse, the power imbalance between the parties can make genuine voluntary agreement impossible, and the process can be used as a further means of control or intimidation. Domestic abuse is a recognised exemption from the MIAM requirement — victims are not required to attend a MIAM or pursue mediation before applying to court. Some mediators are trained to work in cases involving lower-level abuse with appropriate safeguards, such as shuttle mediation and safety planning. However, this must be assessed carefully on a case-by-case basis. If you have experienced domestic abuse, tell your solicitor before any mediation is considered.

A MIAM — Mediation Information and Assessment Meeting — is a short initial meeting, usually lasting around 45 to 90 minutes, between you and a mediator. Its purpose is to explain how mediation works, assess whether your situation is suitable for mediation, and determine whether any exemptions apply. A MIAM is not mediation itself — it is a gateway meeting. If both parties attend MIAMs and agree to proceed, full mediation sessions then follow. MIAMs are usually held separately with each party; full mediation sessions typically involve both parties together. If mediation is assessed as unsuitable — for example due to domestic abuse — the mediator confirms this in writing so you can proceed to court.

The mediator records the agreement in a memorandum of understanding — a written summary of what has been agreed. This document is not legally binding on its own. Both parties then take the memorandum to their respective solicitors, who draft a consent order reflecting the agreed terms. The consent order is submitted to the court for approval; once approved, it becomes legally enforceable. For financial matters, it is important not to act on the mediated agreement — for example by transferring property or closing accounts — before the consent order is in place. The mediation agreement is the starting point; the consent order is what gives it legal force.

If mediation does not result in agreement, the mediator will confirm in writing that mediation has been attempted or is not suitable, which satisfies the MIAM requirement and allows you to apply to court. Mediation failing does not mean the dispute cannot be resolved — it means a different route is needed. Options include negotiation between solicitors, collaborative law (a structured process in which both parties and their solicitors commit to resolving matters without going to court), arbitration (where a private arbitrator makes a binding decision), or court proceedings. Most family disputes that reach court settle before a final hearing — but understanding all the options before committing to litigation is worthwhile.

Family mediation is a structured process in which a trained, neutral third party — the mediator — helps separating couples or family members work through disputes and reach their own agreements, rather than having decisions imposed by a court. The mediator does not take sides or give legal advice; their role is to facilitate constructive conversation. Sessions typically take place with both parties in the same room, though shuttle mediation — where the mediator moves between separate rooms — is available where direct communication is difficult. Mediation can cover financial matters, property, and arrangements for children. It is voluntary, confidential, and significantly faster and less expensive than court proceedings.

In mediation, a neutral mediator facilitates negotiation between the parties, who may or may not have solicitors present. In collaborative law, each party instructs a specially trained collaborative solicitor, and all four — both parties and both solicitors — meet together in a series of four-way meetings to negotiate a settlement. Both processes are designed to resolve disputes without going to court, but collaborative law involves more direct legal input throughout. A key feature of collaborative law is that both solicitors sign an agreement committing to the process: if it breaks down and either party decides to go to court, both solicitors must withdraw and new solicitors must be instructed. This commitment to the process is both its strength and its limitation.

Mediation can cover most of the issues that arise on separation: division of property and assets, financial settlements including pensions and maintenance, arrangements for children including where they live and how much time they spend with each parent, and practical matters such as the family home, debts, and business interests. Some issues are less suited to mediation — where there is a significant power imbalance, a history of domestic abuse, or where one party is concealing assets, the mediation process may not be appropriate or may need additional safeguards. A mediator will assess at the outset whether mediation is suitable for your particular situation.