In recent years the government has supported and developed schemes for mediation which offer an alternative way of resolving differences between people involving children matters. If both parties agree to be referred for mediation, then any court proceedings can be put on hold until the mediation option has been fully considered. Mediation is where a trained mediator uses his/her skills to encourage the parties to reach a settlement between them which reflects both parties needs, interests and responsibilities and of course those of the children. The role of the mediator is to facilitate that agreement reached between the parties rather than to impose an agreement which is what a Court may do.

The mediator cannot give legal advice but is independent of both parties and the Court.  Each mediation session normally lasts about 1½ hours and mediation involving finance can take between 3 and 6 sessions before a conclusion is reached.  Children matters normally take between 1 and 4 sessions.  It is essential that both parties give full and frank disclosure of their personal and financial circumstances.  In certain situations where a dispute involves children and the children are old enough the mediator can see the children and feed back to the parties what the children say.

The advantages of mediation are that it can be a cheaper, quicker and more effective method of settlement that Court proceedings. This is because the parties themselves have reached an agreement that they are reasonably happy with and therefore it is one that is likely to be fair and effective.

At any time during the mediation process you would be able to take advice independently from us and then resume the mediation. Mediation may not be appropriate if you consider that you would not be in a fair bargaining position with your spouse or former spouse or that you feel that for whatever reason you would have difficulty discussing matters directly with your spouse or former spouse even through a mediator.

Further details can be obtained on the National Association of Mediators' website.