Navigating Separation: How Mediation Can Help You Find Solutions
A Cost-Effective and Less Stressful Alternative to Court
Separating from a partner can be challenging, especially when it comes to deciding on finances, property, and arrangements for children. Family mediation offers a practical way to resolve these issues with the help of an impartial mediator, avoiding the expense and stress of court proceedings.
What Is Mediation?
Mediation is a process where a neutral third party—known as a mediator—helps you and your ex-partner work through disagreements. It allows both of you to discuss issues constructively, ensuring decisions about money, property, or children are made fairly.
Before taking legal action, courts usually require couples to attend a Mediation Information and Assessment Meeting (MIAM) to explore whether mediation is suitable.
When Do You Need to Attend Mediation?
You may need to show proof that you’ve attended a MIAM if applying to the court to:
Divide finances and assets after separation
Determine child arrangements, such as living arrangements and visitation rights
If you apply to court without attending a MIAM, the judge may pause your case and require mediation unless there is an exemption, such as domestic abuse. Even if your ex-partner refuses to participate, attending a MIAM yourself demonstrates your willingness to resolve matters amicably.
Mediation Costs and Financial Support
Mediation is usually quicker and more affordable than going to court. While it is not free, financial assistance may be available:
The Family Mediation Voucher Scheme provides up to £500 toward mediation for child-related disputes.
Legal aid may cover your first mediation session and some legal costs if you are on a low income.
If you don’t qualify for legal aid, mediation costs vary, so comparing providers may help reduce expenses. Some mediators charge based on income, offering lower rates for those earning less.
Preparing for Mediation
Mediation is most effective when you focus on key disagreements rather than rehashing past issues. If financial settlements are involved, both parties must complete a financial disclosure form, detailing:
Income from wages or benefits
Household expenses
Bank savings and investments
Debts and outstanding loans
Property ownership
Transparency is crucial—hiding financial information could invalidate any agreements made.
How Mediation Sessions Work
Mediation typically involves a series of structured discussions:
Introductory Meeting – The mediator meets each party separately.
Mediation Sessions – Both parties discuss issues together with the mediator's guidance. Separate rooms can be arranged if direct conversations are difficult.
Agreement Drafting – The mediator records the decisions made in a Memorandum of Understanding for both parties.
Mediators do not provide legal advice but facilitate fair discussions. In child-related cases, mediators prioritise children’s well-being and may even consult them if both parents agree.
Making Agreements Legally Binding
If mediation results in an agreement about finances, a solicitor can draft a Consent Order to make it legally binding. This requires court approval, which costs £53, plus solicitor fees.
Alternatives If Mediation Fails
If mediation does not result in an agreement, other dispute resolution methods include:
Solicitor Negotiations – Lawyers help both parties reach a fair settlement.
Collaborative Law – Each party has their own solicitor, and all meet together to negotiate.
Family Arbitration – A private arbitrator makes legally binding decisions on disputes.
Arbitration is often faster than court but may be expensive, with costs starting around £1,000.
Next Steps
Mediation can help resolve disputes in a less confrontational, more cost-effective manner. If you're facing separation, consider exploring mediation before pursuing legal action. For further information, visit the Family Mediation Council website or consult a solicitor for personalised advice.