Mediation is a voluntary process that allows people to resolve disputes without having to go through the courts. It involves an independent mediator, who helps both sides talk through the issues and work towards an agreement. The mediator doesn’t take sides or make decisions for you; instead, they keep things constructive and help you find common ground.
For many families, mediation is a quicker, less costly, and less stressful alternative to having a judge decide. It also gives you more control over the outcome, because the decisions are reached together rather than imposed by the court. Here’s how you can start the process.
Dealing with divorce or family legal matters? Our experienced team can provide the help and support you need. Explore our Divorce and Family Law section to learn more about how BGW can help.
When is mediation needed?
Mediation can be used in many different situations where two or more people are struggling to reach an agreement. It’s often preferred in family matters, but it is also widely used in workplace, commercial, and community disputes.
Family disputes
Mediation is frequently used in divorce and separation cases, especially when arranging childcare or dividing assets. It allows parents and former partners to have a say in the outcome, rather than relying on the court.
Court encouragement
Sometimes a judge may order or strongly encourage mediation before a case goes any further. This is particularly common in family proceedings, where courts prefer to see that mediation has been attempted first.
Contractual or scheme requirements
In some situations, mediation is required by a contract or by a dispute resolution scheme. For example, certain employment or healthcare schemes direct parties to mediation before other action can be taken.
Voluntary agreement
Often, both parties simply agree that mediation is the best way forward. If each side is open to discussion, mediation can help avoid the stress, cost, and delays of court proceedings.
Mediation is not suitable in every case. For example, if there are concerns about domestic abuse, or an urgent matter requiring court intervention, it may not be the right option. A solicitor can advise you if mediation is appropriate for your situation.
Starting mediation
As mediation is a voluntary process, it can only take place if both parties are willing to participate. If you’re thinking about mediation, there are a few key steps to follow to get started.
1. Contact the other party
The first step is to check whether the other party is open to mediation. You can do this informally, for example, through a phone call or email, or via your solicitor.
If both sides agree in principle to try mediation, you can then move on to selecting a mediator. It’s important to have agreement from both parties before anything else happens.
2. Find a mediator
Once both parties are willing, the next step is to choose a qualified, accredited family mediator. You can review mediator profiles online and discuss your choice with the other party.
Our team of family mediators is highly experienced in handling a wide range of disputes, ensuring a fair process for everyone involved. Contact us today for a consultation.
3. Attend a MIAM
Before formal mediation sessions can begin, most family cases require a Mediation Information and Assessment Meeting (MIAM). During a MIAM, a mediator will:
- Discuss your situation and the issues involved
- Explain how mediation works
- Assess whether mediation is suitable for your case
The MIAM helps determine the best next steps. If mediation is appropriate and both parties agree, sessions can proceed. If it’s unsuitable, or if one party refuses, the mediator will issue a certificate that allows you to apply to court.
4. Prepare for mediation sessions
Preparation is key to effective mediation. Gather relevant documents such as financial information or property details. Consider what outcomes you hope to achieve and be ready to discuss your position openly. Successful mediation often depends on a willingness to compromise and communicate constructively.
5. Attend mediation sessions
Sessions can be structured in different ways, depending on the needs of the parties. They may be joint sessions, where both parties meet together with the mediator, or shuttle mediation, where the mediator meets with each side separately.
The number of sessions will vary depending on the complexity of the dispute. The mediator will guide the process and help keep discussions focused on reaching an agreement.
Once sessions are underway, the mediator will support both parties in exploring options and finding mutually acceptable solutions. You may bring a solicitor or trusted adviser to the sessions. While this is not a requirement, we recommend it.
What happens after mediation?
Once mediation has been completed and both parties have reached an agreement, it’s important to make the outcome legally binding. This ensures that the terms you’ve agreed on are enforceable and provide certainty for everyone involved.
For financial matters or property arrangements, a solicitor can help draft a consent order, which is then submitted to the court for approval. Once approved, it carries the same legal weight as a court order.
For agreements about children, the mediator can help to outline, which can then be formalised as a Child Arrangements Order if necessary.
Even though mediation itself is confidential and voluntary, we strongly recommend getting legal advice before finalising any agreement. A solicitor can review the terms to make sure your rights are protected and that the agreement is fair and enforceable.
Speak to BGW Solicitors today for professional legal advice. Our team can help you navigate the complexities of turning your mediation agreement into a legally binding resolution. We offer consultations in person across our offices in the South and West, or virtually if preferred. Contact us today to arrange an initial consultation.