What to Expect From

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.

The mediation process step by step

Before joint mediation begins, each party attends a separate MIAM where the mediator explains the process and assesses whether mediation is appropriate. Joint sessions typically last 90 minutes. The mediator facilitates discussion, helps both parties understand each other's positions, and guides the conversation towards workable solutions. If agreement is reached, the mediator prepares a Memorandum of Understanding. For financial agreements, this needs to be converted into a consent order to be legally binding.

What makes mediation succeed or fail

Mediation is more likely to succeed when both parties approach it in good faith and are focused on long-term workable solutions rather than short-term victories. It is less likely to succeed when there is a significant power imbalance, one party is not genuinely engaging, or emotions are too raw for constructive conversation.