Family mediation is a process in which a trained, neutral mediator helps separating couples reach agreement on issues relating to children and finances. It is voluntary (beyond the MIAM requirement), confidential and considerably less adversarial than court proceedings.
How mediation works
After both parties have attended individual MIAMs and agreed to proceed, mediation sessions are held, usually with both parties present and the mediator facilitating. Sessions typically last 90 minutes to two hours.
The mediator does not make decisions or take sides. Their role is to help both parties communicate, identify issues and explore solutions.
What can be mediated?
- Child arrangements, where children live, how time is divided
- Financial matters, assets, property, maintenance
- Communication and co-parenting frameworks
Is mediation binding?
Agreements reached in mediation are not automatically legally binding. To make them binding, they need to be embodied in a court order, for financial matters this is a Consent Order. For child arrangements, the parties can agree to seek a Consent Order or may choose to rely on an informal agreement.
When mediation isn't suitable
Mediation is not appropriate where there has been domestic abuse, significant power imbalances, or where one party is not willing to negotiate in good faith.