What is Mediation
Family mediation is a process in which a professionally trained mediator helps you work out arrangements for children and financial settlements following separation. It gives separating couples an opportunity to freely negotiate and to decide for themselves what to do about their children and finances, with help and guidance from trained and impartial mediators.
National Audit Office figures on legally-aided mediation show that the average time for a mediated case to be completed is 110 days, compared to 435 days for court cases on similar issues. Mediation is also often cheaper than going to court – data from Legal Aid cases shows the average cost per client of mediation is £535 compared to £2,823 for cases going to court.
According to the Ministry of Justice, in 2013 “nearly two thirds of couples who attended a single mediation session for a child dispute reached a full agreement. Almost seven out of every ten couples who opted for mediation reached an agreement.” (Ministry of Justice Press Release published 20 August 2014)
Four principles of Mediation
Mediation is Voluntary - Both of you have to want to mediate, and either of you can stop the mediation process at any time.
Mediators are impartial - The mediator does not take sides, and is always there for both of you. Mediators don’t give advice, although they do give information.
Mediation is confidential - The information you share with the mediator is kept confidential, with very limited exceptions. Information shared during the mediation process can't be used during any court proceedings if mediation wasn't successful.
The clients are in charge - The mediator doesn't make any decisions , both of you will need to make the decisions for the your future. The documents produced during mediation are not legally binding but can be given to a lawyer to create a legally binding document.