What is mediation?
Family mediation is a process which helps those in family breakdown to reach their own decisions about all or some of the issues arising from that breakdown, such as children, property and finance. As a couple, you negotiate your own decisions face-to-face, with the help of a mediator.
What is the mediator's role?
The mediator will not make decisions for you, nor give advice. Their job is to:
- Be impartial and independent.
- Help you resolve conflict and reach joint solutions.
- Provide information to help you reach informed decisions.
- Help you focus on the future and problem-solve.
How does the referral process work?
- If you are contacting us directly for mediation and believe the other relevant person will join in the process please complete a referral form and we will contact you to arrange a preliminary appointment.
- If you may be eligible for Public Funding, your solicitor may refer your matter to us, not knowing if the other relevant party will engage in the mediation process or not.
- If you would prefer to meet the mediator before the other party is contacted, in order for you to find out more about the process, you may do so. The referral form should indicate this and you would then be contacted by the mediation service to arrange an appointment. They will send you a letter to confirm the appointment and tell you what you need to bring along.
- Otherwise you need to wait to see if the other party will agree to an assessment. They will be sent a letter and given a deadline to respond (10 working days from the date of the referral).
- If the other party will attend, then you will be contacted. You may have asked on the form to have a separate date from the other party and this will be arranged. You will receive a letter confirming your appointment.
What happens at the preliminary meeting?
- You should bring with you to the initial meeting your National Insurance Number and details of last week's / month's earnings, together with details of any benefits you are receiving.
- Whether you choose to come for a joint meeting or not, each of you will be seen separately at the beginning of the meeting for a short time. This is to ensure that the mediator can complete the forms relating to your financial eligibility for mediation and ensure that you both would feel safe to meet together to discuss your situation and make any joint decisions.
- The rest of the meeting will be a discussion about your particular situation and whether the mediation would be helpful and suitable for you.
What happens after the first meeting?
- If both you and the other party are attending the initial meeting together and it is decided that mediation is suitable for you, then you may, if you wish, continue into a first mediation session. Alternatively, both of you may arrange another appointment with your mediator.
- If you attend an assessment meeting alone and you are willing to proceed with mediation, the mediator will write to the other party to see if they want to pursue mediation and attend an assessment meeting.
- If mediation is not considered suitable, (one reason being that the other party is unwilling to attend), or if it is subsequently unsuccessful, then the mediator will sign a form confirming this. They will send this to your solicitor and you will need to contact your solicitor again.
How much will this cost you?
- If you are eligible for funded mediation, then the mediation process is free. Also, the Statutory Charge does not apply to mediation so you will not have to pay your mediation costs to the Legal Services Commission at the end of your mediation case. You may still have to pay towards your solicitor's costs.
- If you or the other party are not financially eligible, then the assessment process is still free, but whoever is not eligible for funding would have to pay for their half share of mediation meetings. Fees start at £125 per hour plus VAT.
How long will all this take?
- Generally, mediation is much speedier than pursuing disputes through the Court. Whilst it is not possible to say for certain how many sessions will be required, this will depend on what issues there are to discuss. The mediator may be able to give an estimate and further guidance on this.
- Whilst you are going through the mediation process, and are publicly funded, you will not be able to have full legal representation. However, you may be eligible for limited further help and advice from your solicitors. In certain situations it may be useful to have both sets of solicitors to attend the mediation with you.
To find out more email Caroline Bowden or email Kim Beatson or call 020 7940 4000.


