is quicker, cheaper and provides a better way to sort out disagreements than long drawn-out court battles – helping you to get on with the rest of your life as quickly as possible
Family mediation can help improve communication, help you make decisions about future arrangements for the children and help you make decisions about property and finance as it affects your separation.
The average time for "All Issues Mediation" is between 3 and 5 meetings. However, the time needed depends on:
Most sessions last for 1 hour to 1 ½ hours. You will probably need to attend around 2 – 5 sessions over a period of time agreed with the mediator, depending on the number and complexity of the issues that you need to discuss.
Some people find it helpful to have legal advice during mediation.
For example, legal advice may be helpful for:
A family solicitor instructed by you will act for you and you alone but will also help you think about how decisions could affect other family members, especially any children involved
If you’re talking about your issues and working to reach agreement through mediation, there is much less need for a solicitor’s time. This means that legal fees can be kept as low as possible.
You may not have to pay for legal help in support of mediation if you get legal aid.
Mediation can be used to try to avoid bringing a court claim, or during a court case to try to shorten it and resolve the dispute before the court makes its decision
Litigation is conventionally used and conventionally accepted, but Mediation is slowly becoming more recognized as a successful tool in dispute resolution. Slowly these processes are becoming inter-dependent, as the Courts are now referring parties to Mediation. In saying this, there are distinct differences between the two processes.
Mediation claims to resolve many of the problems associated with litigation, such as the high costs involved, the formality of the court system and the complexity of the court process. Mediation does not create binding agreements unless the parties consent to it and the Mediator has no say in the outcome. Even though our court system and mediation have increasing connections, they still reflect different value assumptions and structural approaches towards dispute resolution.
Going to court should be a last resort. But if you do need to go to court, you will still need to show that you have either attended a Mediation Information & Assessment Meeting (MIAM) or you don’t need to attend a MIAM because of your circumstances. You need to do this by sending a form with your court papers.
The mediator can help you complete this at the first meeting or MIAM.
In some cases, where an exemption applies, you (or your solicitor if you have one) can fill in the C100 form for the court.
In some circumstances financial help to pay for legal advice is still available for family matters; it’s worth checking whether you’re eligible.
You can take your case to court yourself instead of using a lawyer (solicitor or barrister). For most people, the court and the way it works is unfamiliar. So make sure you are clear about the steps you need to take, including what the court will need to have before any hearing. Court staff can’t give you advice but there are other ways to find out what you need to do. You could contact
Or you could have, a short session with a family lawyer or look at helpful information from organisations such as the Bar Council. Find out what help is available for you, including emotional support if you need it.
When looking for advice and guidance, remember: