What is Mediation?
24th March, 2025
Family mediation can support divorcing couples in resolving issues such as child arrangements, child maintenance and finances.
In this article, we’ll outline what family mediation involves, along with the advantages and disadvantages, to help you decide whether it’s the right approach to resolving family disputes for you.
What is family mediation?
Family mediation is a form of non-court dispute resolution (NCDR) that allows separating couples to reach agreements amicably with the assistance of an impartial third party. The goal of mediation is to encourage open communication and cooperation, reducing the emotional and financial strain often associated with court proceedings.
But unlike arbitration, which results in a legally binding decision made by a third party, mediation is a voluntary process where the individuals involved work together to find solutions that work for both sides. If an agreement is reached, it can later be made legally binding through a court order.
How can lawyer-assisted family mediation help?
While mediation is led by a neutral family mediator, some individuals prefer additional legal guidance throughout the process, this is known as lawyer-assisted mediation. In lawyer-assisted mediation, each party has access to their own solicitor, who advises them on their legal rights and ensures that any agreements align with their best interests.
This approach can be particularly beneficial in cases involving complex financial settlements, child arrangements, or situations where power imbalances exist. Solicitors can support clients through the mediation process by providing legal advice, reviewing and clarifying proposed agreements before they are finalised, and ensuring that mediated agreements can be made legally binding if required.
The benefits of family mediation
Due to its relaxed setting and collaborative approach, family mediation offers many benefits for separating couples. These include:
Quicker Resolutions: Family mediation can lead to a resolution much faster than the court process . This is because the mediator can facilitate communication between both parties, helping the process to move more smoothly.
Less Stressful Process: Family mediation offers a more collaborative and less confrontational environment , reducing stress for both parties, particularly where children are involved. Addressing disagreements in a private, confidential setting, away from the formalities of the courtroom can make a difficult period as comfortable as possible.
Confidentiality in Mediation: Unlike court proceedings, mediation is a private process, so sensitive family issues are kept confidential. This allows families to address their feelings openly with dignity and privacy.
Preserving Relationships: Family mediation encourages cooperation over confrontation, helping former partners maintain a more constructive relationship, which is particularly valuable when co-parenting children.
Limitations to family mediation
Although family mediation has its advantages , there are also some reasons as to why some families may opt for more traditional means of dispute resolution. Reasons can include:
It relies on cooperation: Mediation works best when everyone involved is willing to talk and try to find solutions together. If someone isn’t willing to cooperate, it can be hard to make progress.
Power imbalances: Sometimes, one person in a family might have more supposed “power” than another. This could be because of their personality, or because of past experiences. If this happens, it can be hard for everyone to feel like they’re being treated fairly.
Not suitable for all situations: If there’s been domestic violence, or if someone feels unsafe, family mediation might not be the best option. It’s important to feel safe and comfortable when making important decisions.
Agreements may not be legally binding: While you can make agreements in mediation, those agreements might not be legally binding unless they are then taken to court and made into a court order. So, there is a possibility that someone may not follow through with what was agreed to.
It doesn’t guarantee a solution: Even with the best intentions, sometimes people just can’t agree. If that happens, you might still have to go to court, which can take more time and money.
Choosing mediation services in divorce
While family mediation can be a valuable tool for resolving disputes amicably, it is not always the right solution for every situation. For those who require legal support, lawyer-assisted mediation provides an additional layer of security and expertise to ensure a fair outcome.
If you are considering mediation or alternative dispute resolution for your divorce, we can help guide you through your options and signpost you to appropriate mediation professionals. Please contact us to discuss.
How a Ward Hadaway divorce solicitor can help
A divorce solicitor can provide essential guidance to anyone contemplating divorce, ensuring a smooth process and that your rights are protected.
Taking this step can be empowering, helping you to transition to a new chapter of life with dignity and respect.
Please note that this briefing is designed to be informative, not advisory and represents our understanding of English law and practice as at the date indicated. We would always recommend that you should seek specific guidance on any particular legal issue.
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