Family Mediation: Is It Worth Attending During A Divorce?

As an award-winning family solicitor in the UK, I’ve seen firsthand the emotional and financial toll that separation and divorce can take on families. When couples decide to part ways, it’s easy for conflict to escalate, making an already difficult situation even more stressful. This is where family mediation can play a crucial role.

Family mediation is a voluntary process where a neutral third party, the mediator, helps separating couples communicate and negotiate to reach agreements on various issues, such as child arrangements, finances, and property division. It offers a constructive alternative to adversarial court proceedings.

1. Cost-Effective: Mediation is generally more affordable than going to court. Legal fees and court costs can quickly add up, putting a significant strain on your finances. Mediation can help you avoid these expenses.
2. Faster Resolution: Court cases can drag on for months or even years. Mediation allows you to resolve your issues much faster, allowing you to move on with your lives sooner.
3. Reduced Stress: Mediation creates a less confrontational environment compared to court. This can significantly reduce the emotional stress associated with separation or divorce.
4. Improved Communication: Mediators are skilled in facilitating communication. They can help you and your ex-partner understand each other’s perspectives and concerns, leading to better communication and cooperation in the future.
5. Confidentiality: Mediation is a confidential process. Unlike court proceedings, what is discussed in mediation remains private, allowing you to be more open and honest.
6. Control over Decisions: In mediation, you and your ex-partner have control over the decisions made. You are not bound by a judge’s ruling, which can be empowering and lead to more sustainable agreements.
7. Better Outcomes for Children: Mediation prioritises the best interests of the children involved. It encourages parents to work together to create a parenting plan that supports their children’s well-being.

Family mediation is suitable for most separating couples, regardless of whether they are married or not. It can be particularly helpful when there are children involved. However, mediation may not be appropriate in cases involving domestic violence or child abuse.

The mediation process typically involves several sessions. During these sessions, you and your ex-partner, along with the mediator, will discuss the issues you need to resolve. The mediator will help you identify your priorities, explore options and negotiate agreements.

While you are not required to have a solicitor for family mediation, it’s strongly recommended. A solicitor can provide you with legal advice, help you prepare for mediation, and review any agreements reached to ensure they are fair and in your best interests (you can contact me by clicking here).

Mediation itself is not legally binding. However, the agreements reached in mediation can be made legally binding through a consent order, which is a court order that formalises your agreement.

Some people are hesitant to try mediation because they fear it will be a waste of time or that their ex-partner will not cooperate. However, mediation can be successful even when there is initial conflict. A skilled mediator can create a safe space for dialogue and help you find common ground.

If you are considering separation or divorce, I encourage you to explore family mediation as a viable option. It can save you time, money, and stress, while also leading to more positive outcomes for your family.

In conclusion, attending family mediation can be a worthwhile investment. It offers a constructive and collaborative approach to resolving family disputes, allowing you to move forward with your lives in a more amicable and less stressful manner.