Divorce Mediation

This article was authored by Alexandra Tribe

Mediation is becoming an increasingly popular way for separating couples to resolve disputes, keeping legal costs to a minimum and reducing acrimony.

How mediation works

Mediation differs from arbitration in that the mediator does not impose an outcome, rather the participants are helped to reach a well-informed mutually acceptable agreement. It provides an opportunity for each party to put forward their concerns, needs and views which create a foundation for discussion. A skilled mediator asks questions which guide the parties towards a solution. Where issues relate to financial matters the mediator ensures full and frank disclosure of the finances and encourages the couple to focus on what is best for them and any children.

The mediator is unbiased and cannot give legal advice but a solicitor mediator can share their legal knowledge where it might help. For example, a mediator could provide information about the potential administrative, legal and psychological consequences associated with the removal of a child to another country without the other parent's consent. This could help a parent contemplating this to reassess the situation.

Mediation takes the form of consecutive meetings of around one and half to three hours long. The number of sessions will vary depending on the circumstances. In some situations like the wrongful removal of a child, where time is of the essence and tensions will be particularly high, mediation could take place in blocks over a couple of days.

Generally mediation takes place face to face with both parties in a room with the mediator but if one or both parties are abroad it could take place through an internet connection.

Often two mediators work together and this can help reassure the participants that they are not on one side or the other.

Once an agreement is reached a consent order can be drawn up which will be stamped by the court and then becomes binding.

Advantages over litigation

Costs savings – Mediation is usually much cheaper than each party using their own solicitor. You are only paying for one professional rather than two and this cost can be split between the parties. In addition, matters are usually resolved much sooner meaning you are paying for far fewer lawyers'...