If you struggle to agree on issues arising from a separation, such as finances, property, or child arrangements, mediation could be the solution.
read moreThe process involves both you and your ex-partner working with a mediator to have an open and honest dialogue, understanding the issues on both sides, and working together to reach an agreement. This can then be converted into a legally binding document by a solicitor if required.
Mediation can be a quicker, more cost-effective process than traditional solicitor-led negotiations and litigation/court-based applications. It can also help to reduce stress and anxiety and build a more positive relationship with your ex-partner to help families move forward.
At Stowe, a number of our family lawyers are trained and practising mediators, and we have a nationwide network of other professional mediators who can support you in this area. Sessions can also be held virtually via video calls if you prefer.
We have several offices located in major cities and towns across England and Wales, so you’ll likely have a team of specialist family law mediators near you.
Does a divorce settlement have to go to court? |
No, over 80% of our divorce cases do not end up in court. Avoiding court proceedings can reduce the time and cost for everyone. |
Does mediation help with divorce? |
A mediator can help you and your ex-partner agree on how to split assets, without taking sides. |
What is the hybrid mediation process? |
You and your ex-partner are not in the same room but you each have access to your individual lawyers. The trained mediator will then move between each of you. |
What is the collaborative family law process? |
Each person appoints their own collaboratively trained lawyer and you and your respective lawyers all meet together to work things out face to face. |
Should I take my divorce to arbitration? |
Involving arbitration in the divorce process can be more effective than going through lengthy and expensive court proceedings. |
If you’re looking to solve any differences between you and your ex-partner following divorce or separation, using mediation can help you come to a mutual agreement. The process has many benefits, including:
read moreMediation works best when those participating have received independent legal advice from specialist family mediation solicitors. You may also seek advice from other professionals, such as pension experts and accountants, if required.
As the only national law firm fully dedicated to family matters, our expert team offers professional advice so you can make a fully informed decision about your divorce.
We are proud to be rated ‘Excellent’ on Trustpilot. Check out our reviews to see what our previous clients have said about our service.
We feature in The Legal 500 rankings and are fully authorised and regulated by the Solicitors Regulation Authority (SRA).
We keep you informed. Take a look at our support section, which features a range of helpful guides, focusing on important topics including finances and mediation.
Firstly, a mediator will meet with each party individually so they can explain their point of view without the presence of an ex-partner. This allows you to have an open and honest discussion, outlining any concerns you may have and what you’d like to resolve through mediation.
Having these initial meetings helps to build a relationship with the mediator and prepares you for the joint sessions. You can choose how you’d like to run these sessions, whether that be face to face or via video call. Each party is given an equal opportunity to speak and be listened to.
It’s important to think about what you want to get out of the mediation process before you start. Identify the issues on which you and your ex-partner are struggling to agree and make sure to discuss these during the joint meetings.
You’ll need to fill out a financial disclosure form if you’re trying to reach an agreement on issues relating to money or property. You’ll have to provide all your financial information, including:
You’ll likely be sent this form ahead of your first mediation appointment. Alternatively, you can collate any relevant bills and bank statements to take to the initial meeting.
While mediation isn’t free, it’s a cheaper alternative than going to court. You can discuss the exact cost of the process with your divorce mediation lawyer.
It’s advised that the cost of mediation is split between both parties. This is to ensure that both you and your ex-partner have equal contributions to the sessions and are satisfied with the outcomes. The fees can be paid for via a joint account or savings, or as part of a financial agreement.
Alternatively, it’s worth checking if you’re eligible for legal aid to cover the costs. While Stowe Family Law are not contracted with the Legal Aid Agency, it is available in certain circumstances, including family mediation.
Once an agreement has been reached, your mediator will write a ‘memorandum of understanding’. This is a document that confirms your agreement in writing; both parties will receive a copy.
If your agreement is relating to money or property, you should take your memorandum of understanding to a solicitor, who can then turn this into a ‘consent order’. That way, you can take your ex-partner to court if they don’t abide by the rules of the agreement.
If you find that you can’t come to an agreement with your ex-partner, we recommend you talk to a specialist solicitor who can advise you on what to do next.
If you’ve tried mediation but still disagree on issues relating to money or property, a mediation solicitor will likely suggest sorting things out in court. However, if the disagreement relates to your children, the solicitor may advise that you keep trying to reach an agreement between yourselves.
There are still options for you if you’d rather avoid going to court. For instance, you could consider a ‘collaborative law’ session, where you’ll work with a solicitor to reach an agreement.
You could also try family arbitration. This is where an arbitrator – similar to a judge – will come to their own decision on the things you and your ex-partner can’t agree on.
We understand that emotions run high following the breakdown of a relationship. While many couples will want to come to an agreement about children or finances, some may find this more difficult than others.
Mediation is a voluntary process, so you cannot force your ex-partner to contribute if they don’t want to. If they are reluctant, it’s worth trying to convince them to speak with a mediator first before making a decision. This can help them understand how the process works and whether it is suitable for them.
Sign up for advice on divorce and relationships from our lawyers, divorce coaches and relationship experts.
Privacy Policy