Why mediate?
Mediation offers separating families an opportunity to discuss potential solutions and reach agreements together in order to find a way forward that works best for their family. It encourages future-focussed and solution-orientated conversations allowing the family to navigate their way through separation.
Before you mediate with your former partner, each of you will have a separate individual assessment meeting with the mediator so that you can discuss your situation confidentially and make a decision as to whether or not you wish to mediate.
Mediation is voluntary. The only mandatory element is that, in order to make an application to court, you must in most circumstances obtain a mediator's certificate to confirm that you have had a Mediation Information Assessment Meeting (MIAM). This is an opportunity to hear from an accredited mediator about all the various alternatives to court applications. The reason behind the MIAM is so that people can make an informed decision about applications to court. Other than in the context of wanting to make an application to court and needing the MIAM certificate, mediation is entirely voluntary and therefore both parties have to want to mediate for it to go ahead.
As well as both people agreeing to mediate, the mediator must be sure that mediation is suitable in your particular circumstances.
Mediation is confidential. Your separate assessment meetings are confidential between you and the mediator and then if you choose to mediate, the joint sessions are confidential to both of you and the mediator.
It is confidential both socially, not to be repeated to friends or family or on social media; but also legally, if either person were to make an application to court, they cannot refer in court to any discussions that took place in mediation. Confidentiality ensures that everyone can speak freely and explore all the options, which makes an enormous difference in trying to find appropriate solutions.
Mediators cannot offer advice, as they are neutral and impartial. However, our mediators are family lawyers and can give you and your former partner legal information to enable you to have informed discussions about the best way forward.
Many families choose mediation as a way of improving communications between them long term. There is often both a need and a desire to improve the relationship post-separation enabling you to work together for your children.
Find out more about the process.