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Mediation

Family Mediation Services

Mediation is a form of non-court dispute resolution that provides a voluntary and confidential way for couples to resolve issues such as child arrangements and financial matters. The process is focused on helping both parties reach a mutually agreeable resolution while looking toward the future, rather than focusing on past grievances. Mediation is designed to promote cooperation, ensuring decisions are made in the best interest of both parties and, most importantly, the children.

The process is facilitated by a neutral third party, known as the mediator, who does not make decisions or impose solutions. Instead, the mediator helps guide discussions, encouraging both parties to explore potential solutions that work for them. Mediation is child-focused, aiming to minimise the impact of separation on children and ensure that their needs are considered.

Initial Telephone Discussion

If you’re considering mediation or facing challenges in resolving child arrangements, financial matters, or any other disputes, please call us on 0203 924 8462 or fill in our contact form. Our experienced mediators offer clear, impartial advice and will guide you through the mediation.

We can assist wherever you are based.

Types of Mediation

Mediation is flexible and there are several types. The appropriate model for your situation will depend on the circumstances. Here is a summary of the different types of mediation:

  • Traditional Mediation: One mediator works with both parties in a single room. This is the most common form of mediation.
  • Solicitor-Assisted Mediation: This option involves each parties’ solicitors or other third-party professionals participating in the mediation to offer advice and assistance during the process.
  • Shuttle Mediation: In cases where face-to-face mediation is not appropriate, or if one or both parties are willing to mediate but are unable to be in the same room, shuttle mediation can be used. Each party remains in separate rooms, with the mediator moving between them.
  • Child-Inclusive Mediation: In some cases, the mediator may meet with the children involved to hear their thoughts and feelings. With permission, the mediator can share this feedback with both parents to ensure the children’s perspectives are considered in decision-making. This gives children a safe space to talk without feeling pressure.
  • Hybrid Mediation: This model is especially suitable for complex or high-conflict cases. The mediator can hold confidential discussions with each party and can share only what is permitted. Lawyers may also attend to support clients during the mediation.
  • Co-Mediation: Two mediators work together as a team, often with different but complementary expertise, such as therapeutic or financial knowledge.

What Does a Mediator Do?

Emma Post is a Resolution-trained ‘all issues’ mediator, meaning she can facilitate mediation in a wide range of matters arising from separation or divorce. These include formalising your separation, child arrangements, and financial issues, as well as helping improve communication and supporting cooperative parenting.

Mediators are impartial and do not take sides. They will not make decisions but instead share the benefit of options, provide neutral information, and offer guidance. Mediators can provide legal and practical information and speak generally about legal principles but cannot provide legal advice. A mediator’s role is to help facilitate discussions to move forward and make progress.

Mediators will not set the agenda or decide the issues for you, but will support you both in expressing your views, managing the process, and focusing on the future. They ensure that mediation remains focused on progress, and if necessary, they will review whether the process should continue when disagreements or impasses arise.

They can also prepare documents outlining any agreements reached, which can then be reviewed with your family lawyer.

How Does Mediation Work?

  • Step 1: Introductory Calls: It is recommended to speak to two or three potential mediators before choosing the right one for you. We offer a brief introductory call (5-10 minutes) to answer any immediate questions about the process. It is crucial that both parties speak with the mediator to determine if they feel comfortable working with them.
  • Step 2: Individual Meetings (MIAMs): Before starting mediation, both parties must attend an individual and confidential meeting with the mediator. Known as a Mediation Information and Assessment Meeting (MIAM), this session provides information on the mediation process, the different types of mediation available, and how mediation can be beneficial. The mediator will also assess any risks or safeguarding concerns and discuss other out of court dispute resolution options. The MIAM typically lasts about one hour and is a requirement before starting court proceedings unless an exemption applies. This meeting is crucial for ensuring that mediation is a suitable option for both parties. For mediation to be successful, it is important for you both parties to be open and honest.
  • Step 3: Moving into Mediation: Before mediation commences, both parties and the mediator will sign an Agreement to Mediate. This outlines the terms and conditions in participating in the process. Each mediation session typically lasts between 1.5 to 2 hours. The number of sessions needed varies depending on the complexity of the issues but generally ranges from three to six sessions. The process is flexible and can be concluded more quickly or may take longer, depending on the circumstances. Participants usually attend MIAMs and mediation without their lawyers, but involving legal representatives can be helpful in more complex cases. In the hybrid mediation model, sessions may be longer, often lasting half or a full day, depending on the needs of the case.

 

You can download our Family Mediation Guide here

What Are the Benefits of Mediation?

Mediation offers several advantages, particularly when compared to traditional court processes. These include:

  • Flexibility: You set the agenda and manage the pace of the process. Mediation sessions can be scheduled at times convenient for both parties. You also have the option to pause the process to seek advice, gather additional information, or to arbitrate specific issues before continuing.
  • Communication: Mediators facilitate open dialogue and help both parties communicate effectively to ensure the process is moving forward. They assist in navigating difficult conversations and resolving impasses.
  • Privacy: Mediation is a confidential process, maintaining privacy for both parties. It is particularly beneficial for individuals in the public eye who want to keep their disputes private.
  • Speed: Mediation is typically quicker than going to court. Parties can agree on the timing and frequency of the sessions to suit their circumstances. You can also use mediation alongside other dispute resolution methods, such as arbitration.
  • Cost-Effectiveness: Mediation is generally less expensive than court proceedings. Each party usually pays for their own costs unless an alternative arrangement is made. Our mediation services are competitively priced, and we are happy to discuss fees on request.

 

If you wish to discuss our mediation service further, please do not hesitate to contact Emma Post. 

"With the support from NE Family Law, a team of specialist family lawyers have positively impacted my life by changing my life with a much better outlook. Speaking to Nicki and Emma helped me see light at the end of the tunnel. Not only meeting great listeners but also receiving a great deal of emotional support throughout my long legal journey that helped me undergo all the ups and downs at that time."

Mr S Family Client

"I have recently finished working with Emma after almost 2 years. Both Nicki and Emma have been brilliant to work with over this time, providing expert guidance and advice on very personal matters. Emma has been incredibly efficient, pragmatic and has dealt with issues in a sensitive manner. I'm sure Emma has many clients at any one time, but I always felt that she truly engaged with my case and gave it a personal touch that I needed. I would highly recommend Emma to anyone looking for family law services."

CJ Family Client

"Thank you so much for all your hard work and dedication and fighting for what is right. You have no idea how much you have done for M and I."

L and M Family Client

We’re here to help

Whether you’re looking to resolve a dispute through mediation, agree on arrangements amicably, or need assistance with the mediation process, we’re here to help.

Before mediation can begin, each person must attend a separate and confidential meeting with the mediator. This meeting provides information about the process, explores suitable options, and helps decide whether mediation is appropriate. It is an important first step in understanding your choices and the way forward.

If you are considering mediation or would like more information, please contact Emma Post.

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