Divorce and Separation Mediation
Divorce mediation can help separating couples discuss practical issues arising from the end of their relationship.
These might include housing, financial responsibilities, parenting arrangements and future communication.
The number of meetings depends on the issues involved and whether both parties have the information needed to consider their options.
Financial Mediation
Financial mediation can involve discussions about:
- The family home and other property
- Savings and investments
- Mortgages and outstanding debts
- Pensions
- Income and financial responsibilities
- Financial arrangements following separation
These discussions may require additional sessions, particularly when financial disclosure, professional valuations or independent legal advice are needed.
A family mediator can facilitate discussions but cannot provide individual legal or regulated financial advice.
What Happens During Your First Mediation Appointment?
Before joint family mediation usually begins, each person attends a Mediation Information and Assessment Meeting (MIAM).
A MIAM is generally a private meeting between you and a qualified family mediator.
During this meeting, you can:
- Explain your circumstances and concerns.
- Learn how family mediation works.
- Discuss the issues you would like to resolve.
- Ask questions about costs and likely timescales.
- Explore whether mediation is suitable for your situation.
- Discuss alternative options where appropriate.
The mediator will also consider safety, safeguarding and whether mediation is appropriate, including where domestic abuse or controlling behaviour may be a concern.
A MIAM is separate from the joint mediation sessions that may follow.
Attending a MIAM does not mean you must continue into mediation.
What Happens During a Family Mediation Session?
If mediation is suitable and both parties agree to proceed, we can arrange meetings to discuss the issues that need resolving.
Your mediator is an impartial professional who facilitates discussions rather than taking sides or making decisions for you.
During mediation, you may:
- Identify the matters requiring agreement.
- Explain your concerns and priorities.
- Explore possible arrangements and solutions.
- Consider the practical implications of different options.
- Identify areas of agreement and matters needing further discussion.
- Decide what information or advice may be needed before the next meeting.
Depending on the circumstances and suitability assessment, sessions may take place with both parties together or through separate discussions facilitated by the mediator.
The pace of mediation should give participants enough time to consider their decisions without feeling pressured to reach an agreement.
How Long Does Each Mediation Session Last?
Family mediation sessions vary in length depending on the issues discussed and the arrangements you agree on with your mediator. EH Mediation can explain the expected duration and fees before your appointment.
The time between meetings may depend on availability, the information needed and whether either party requires time to consider proposals or seek advice.
Your mediator can explain the expected meeting length and scheduling arrangements before you begin.
Can We Complete Mediation in Just One Session?
In some circumstances, yes. Where both parties need to resolve a relatively straightforward issue and have already considered possible arrangements, one mediation session may be sufficient.
For example, parents may want to discuss a specific holiday arrangement or a proposed change to an existing parenting schedule.
However, a single session may not provide enough time for more complicated matters.
Neither person should feel rushed into decisions to complete the process quickly.
What Happens If We Need More Mediation Sessions?
If further discussion is needed, we may arrange additional sessions if both parties agree to continue and the mediator considers mediation appropriate.
You don’t need to resolve every issue in the first meeting.
Sometimes progress involves agreeing on smaller matters before moving on to more difficult questions.
Your mediator can help identify what remains unresolved and whether another session may be useful.
There is no requirement to continue indefinitely, and mediation may end if either participant decides not to proceed or the mediator determines that it is no longer appropriate.
What Happens When We Reach an Agreement?
When discussions lead to proposals that both parties accept, the mediator may prepare written documentation recording the outcome.
Depending on the matters discussed, this could include:
- A Parenting Plan
- A Memorandum of Understanding
- An Open Financial Statement
- A written summary of agreed proposals
The documents required will depend on the type of mediation and the services provided.
Agreements reached through family mediation are not automatically legally binding.
If you need legally enforceable arrangements, independent legal advice may be appropriate. For example, in financial divorce matters, a solicitor may help prepare a consent order for court approval.
What If We Cannot Reach an Agreement?
Not every mediation process results in a complete agreement.
Sometimes participants agree on certain issues but cannot resolve others.
Even partial agreement may help narrow the matters that require further attention.
If mediation does not lead to a resolution, the mediator can explain the available next steps, which may include seeking legal advice or considering other forms of dispute resolution.
Mediation does not prevent you from seeking a court decision when necessary.
How Much Will My Mediation Sessions Cost?
The overall cost of family mediation depends on the number and length of meetings, the mediator’s fees, and any required additional documentation.
Before proceeding, it is sensible to ask about the charges for individual meetings, joint mediation sessions and written documents.
You may also be eligible for financial assistance.
Family Mediation Voucher Scheme
The Family Mediation Voucher Scheme may provide up to £500 towards mediation sessions in eligible cases involving children, including certain cases where financial matters are also being discussed. Funding is subject to eligibility, availability and the participation of an authorised mediator. The voucher cannot be used towards the cost of a MIAM.
Legal Aid
Legal aid may also be available to eligible individuals, depending on their financial circumstances and the mediation provider’s arrangements.
Your mediator can discuss the funding options relevant to your situation.