Frequently asked questions
How many sessions will we need?
Family mediation is different for every couple. Some only have a few minor issues to resolve, while others have a larger list to work through. Naturally, the more issues to discuss, the longer the process. On average, the majority of couples attend 3-5 sessions.
Does legal aid cover mediation?
If you qualify for it, legal aid can help cover mediation costs in some circumstances. For those not eligible for legal aid, the cost is shared by each partner.
Do we have to attend mediation?
The family law courts now require separating couples to attend an initial mediation meeting, called a Mediation Information & Assessment Meeting (MIAM), before they apply for court. There are some instances where parties may be exempt from using mediation, such as domestic violence victims.
Is family mediation legally binding?
During a divorce or separation, the agreements made during family mediation (summarised in the Memorandum of Understanding) are not legally binding, leaving flexibility for changes.
Your solicitors will help you create a legal agreement after the mediation process.
What if mediation doesn’t work?
Mediation works well for many couples, but it isn’t suitable for everyone. Sometimes, the issues prove too complex or divisive, and the mediation process breaks down. Or, mediation simply may not be appropriate from the start (e.g. in cases of domestic abuse).
Such cases will then be settled in court. Nothing you’ve discussed in mediation can be used against you in court proceedings, as all information in mediation is confidential.