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Approaches

Mediation

Mediation is a different way of sorting out the issues on divorce.

It helps the divorcing couple to sort things out for themselves. Trained mediators act as informed “referees” or “umpires”. The mediator will chair the meeting between the couple. They will raise any topics they feel are necessary for discussion.

Mediation is not there to help achieve a reconciliation. It is there to sort out the issues that arise after the marriage has broken down.

Mediation can helpfully be used to sort out children’s arrangements. But it can also be used for sorting out financial issues.

Whats involved

The mediator will often see each client separately for a single meeting:
  • to make sure there are no domestic violence issues;
  • to understand the background; and
  • to help set an agenda.

There will be a series of mediation sessions, usually lasting about an hour-and-a-half. Issues can be discussed in detail during these sessions.
It is often very helpful to have children’s issues discussed separately, away from the courts and separate to legal discussions about finance.

If finances are discussed in mediation, financial disclosure is dealt with by the mediator. This can be a much cheaper way of dealing with financial disclosure than going through solicitors.
It is important to take independent legal advice – before and during mediation. See mediation and legal advice.

Further help

The largest supplier of mediation services is the charity National Family Mediation. Their website www.nfm.org.uk will put you in touch with a mediator in your area. There is a lot of information and case studies on the site.
Many solicitors have trained as mediators as well. Details about mediators can be obtained from Resolution by contacting info@resolution.org.uk. A fact sheet can also be found on the website www.resolution.org.uk.
The organisation responsible for the mediation profession is the Family Mediation Council, which has replaced the UK College of Family Mediators. Their website lists both lawyer mediators and non-lawyer mediators – www.familymediationcouncil.org.uk.
Community Legal Service funding may be available – visit www.clsdirect.org.uk.