Mediation

When families separate, it is usually better if they can sort out the arrangements for the future between them. Mediation is a process of negotiation (conducted with the help of a mediator) to help reach decisions about these arrangements together. Mediation aims to help find a solution that meets the needs of all parties involved, including children, and is felt is acceptable. At the end of mediation, all parties should feel that there has been no ‘winner' or ‘loser', but they have come to an arrangement that they can all live with. Mediation can help to reduce tension, anger and misunderstandings, and improve communication between those involved. This is especially important if children are involved, because it is probable that co-operation is required over their care and upbringing.

What can I use mediation for?

Mediation can be used to help make decisions about any or all issues, including:

• arrangements for children;
• financial arrangements;
• dividing up property;
• other practical issues to do with separation or divorce; and
• how both sides will communicate with each other in the future.

When can I use mediation?

Mediation can be used at any stage it is felt it would be beneficial, whether couples are:

• still living together;
• living separately; or
• already divorced.

Mediation can be used whether or not court proceedings have started.

How long does mediation take?

Mediation usually lasts for between two and five sessions, each of about an hour and a half. However, the time it takes depends on how complicated a dispute is.

What happens at the end of mediation?

At the end of mediation, a written summary is usually produced of the decisions that have been agreed. This is not a legally binding document and it is advised that a solicitor reviews this before any commitment is made to a legal agreement or a court order.

Is mediation confidential?

What is said in mediation is normally confidential, and the mediator will not pass on anything to anyone else unless both sides agree. However, there are two situations where information could be passed on:

• If it seems from what is said during mediation that someone has been seriously hurt or is at risk of being hurt, then the mediator should make sure that the police or social services are told.
• If something is said in mediation that leads the mediator to believe that either side is benefiting or has benefited from the proceeds of a crime, the mediator might have to stop the mediation or report this to the police.

Whatever is said in mediation cannot be used in court later if mediation breaks down. However, this does not apply to factual information that is provided, such as details of income and property. This can be used in any later court proceedings and passed to lawyers.