Understanding Mediation in UK Divorce: Benefits, Process, and Why It’s Essential

If one or both parties are unwilling to discuss matters or they are unable to reach a complete agreement, mediation is the next logical step in the process. It is important to remember that divorcing couples cannot ask the courts to intervene without first considering mediation unless there are circumstances that make it unfeasible (e.g. if there is a background of domestic abuse). In this article we will explain what is involved in mediation during UK divorce, the benefits, and the process.

What is mediation in UK divorce?

Mediation is a form of ‘Alternative Dispute Resolution’ (ADR) or ‘Non-Court Dispute Resolution’ (NCDR) involving a completely neutral third-party mediator with the skills and training necessary to help divorcing couples reach decisions on their money, property, and children. The reality is that disputes almost always arise in some form during the divorce process, and seeking the help of a mediator can help them reach an agreement without the need for court litigation, which can be stressful and adversarial in nature. Mediation typically takes place in a neutral location or online and involves both parties working together with the mediator in a measured and constructive manner.

Even if you wish to ask the court to decide on your divorce-related matter, you will both still need a ‘mediation information and assessment meeting’ (MIAM). The MIAM will help you understand how mediation may help you whilst also allowing the mediator to determine if this method of dispute resolution is suitable in your case.

What are the benefits of mediation vs court action?

There are several benefits of mediation over court action to resolve divorce disputes, including:

• Faster – Mediation sessions can typically be arranged quickly, allowing progress to be made with the minimum of delay. By contrast, the courts are often extremely busy, hence, you may need to wait several weeks or months before you can have your matter heard. Even then, the process may involve several hearings spaced over many months.
• Cheaper – Mediation sessions are relatively inexpensive compared to lengthy court action to resolve divorce disputes, which can be costly.
• Less adversarial – One of the biggest benefits of mediation is that it is not adversarial. Because you and your ex-partner talk together with the aid of a mediator, you can better understand each other’s perspective. Court cases can feel quite stressful and contentious, leading to anger and animosity during and after the process.
• Agreements are more likely to be honoured – Agreements reached in mediation tend to be adhered to by both parties because they have reached a mutual agreement between themselves. In other words, it is not imposed on the couple. If a judge makes a decision on your behalf that you or your partner do not agree with, there may be less ‘buy-in’ and commitment to uphold the agreement.
• Preserves the long-term relationship for the benefit of the children – By parting on agreeable terms, you are more likely to remain cordial and respectful towards one another. In turn, if you have children together, they will benefit from seeing their parents being amicable, which may help them to cope with their new post-divorce arrangements more easily.

What is the process of arranging mediation after divorce?

You and your partner can approach any mediator and book an appointment at any time without the need to involve the courts. Mediators with the skills, experience and training to guide divorcing couples can be found through the Family Mediation Council. Look for a mediator who is a member of an accredited organisation such as the Family Mediators Association (FMA), College of Mediators, Law Society, National Family Mediation, or Resolution.

If you and your ex-partner reach an agreement on your divorce-related matter, your mediator will then write up a summary of the agreement combined with the financial information provided. This will then be sent to your respective divorce solicitors, who will provide you with legal advice regarding the terms you have agreed upon. The agreement will then be drawn up in a legal form and made legally binding to ensure that it is adhered to in the future and is enforceable if not.

Final words

The good news is that mediation is incredibly effective in the vast majority of divorce cases. Mediators have the training and experience to help ex-couples find common ground, even if it seems impossible at first. This effectiveness, coupled with the many benefits outlined above, makes mediation a perfect next step in reaching an agreement on your children, money and property during the divorce process.

For a free consultation regarding your divorce or any other aspect of your separation, please call our understanding and caring family law team on 0208 300 6666.