Divorce can be challenging, particularly for everyday families balancing emotions, children, finances and work. While many assume court is the only option, family mediation offers a practical, cost-effective and often more constructive alternative. For many couples, it reduces conflict, saves money and allows everyone to move forward with dignity.
As solicitors, we regularly support clients alongside mediation as they work through arrangements with their former partner.
What is family mediation?
Family mediation is the most commonly used form of Non-court dispute resolution. A trained, independent mediator facilitates discussions to help couples reach agreement on issues such as children, finances, property and pensions. The mediator does not make decisions or give legal advice.
Mediation is flexible and accessible. Sessions can be arranged around work and childcare, progress can be made at a pace that suits the family, and it avoids the delays and formality of court proceedings, which should generally be a last resort.
Who is mediation suitable for?
Mediation is suitable for many families, including:
- Divorcing couples needing to resolve arrangements for children or finances.
- Parents who want to prioritise children’s wellbeing and reduce conflict.
- Families seeking a more affordable alternative to court.
- Couples willing to engage constructively, even where emotions are high.
- Co-parents who need ongoing arrangements for their children.
- Those who want control over outcomes rather than decisions imposed by a judge.
Mediation may not be appropriate where there is domestic abuse, coercive control, significant power imbalance, unwillingness to engage or to provide financial information, or urgent safeguarding concerns.
Before mediation begins, each person usually attends a Mediation Information and Assessment Meeting (MIAM). This private meeting explains the process and different mediation set ups, assesses suitability and safety, and explores alternative options if mediation is not appropriate.
Our role: legal support alongside mediation
Choosing mediation does not mean proceeding without legal advice. We support clients throughout the process by providing clear, practical advice so they feel informed and protected. Clients may seek advice before mediation, between sessions, or once proposals are agreed and ideally at all of these stages. We also can attend solicitor-assisted mediation where solicitors attend the session and clients remain in separate rooms while the mediator facilitates discussions. This is sometimes referred to as “hybrid mediation”.
What does the mediation process look like?
If mediation proceeds, joint sessions are arranged. Most families resolve matters in two to four sessions, each lasting around 60–90 minutes. Sessions may focus on children, finances, or both.
Clients may need to prepare financial disclosure and supporting documents, reflect on priorities, and consider realistic long-term outcomes. The mediator guides this process.
Reaching and formalising an agreement
If agreement is reached, the mediator prepares a memorandum of understanding and an open financial statement. These are not legally binding, but we review them and advise on fairness and whether or not the agreement will be approved by the court.
We then prepare a consent order for court approval. Once approved, it is legally binding and enforceable. Even where full agreement is not reached, mediation often narrows issues between parties and improves communication.
Conclusion
For many everyday families in England and Wales, mediation is a practical and affordable way to navigate divorce. While it is not suitable for everyone, it is often a smart first step towards a more constructive outcome.
We regularly support clients through mediation via our Mediation Support Service. To discuss mediation or solicitor-supported mediation, contact us on 0345 450 5558 or enquiries@stephens-scown.co.uk