Family Mediation Solicitors

If you are considering family mediation, you may already be looking for a more constructive way to resolve matters following separation. You may want to avoid unnecessary conflict, protect your children from further strain or keep control of decisions about your family, finances and future.

Mediation can be an effective way to reach an agreement, but it should still be approached with care. The decisions you make during the process can affect your financial security, your parenting arrangements and the shape of your life after separation. Having clear legal advice alongside mediation can help you move forward with confidence.

At JMW, our family law solicitors advise clients before, during and after mediation. We help you understand your legal position, prepare for discussions and approach each session with a clear sense of what is realistic, fair and in your long-term interests.

A mediator remains neutral and cannot advise either person individually. Our role is different. We protect your position, test any proposals made in mediation and advise on issues involving finances, property, pensions, business interests, child arrangements and wider family considerations.

Where an agreement is reached, we also ensure it is formalised correctly. This may include preparing a financial consent order, advising on child arrangements or helping you decide what further steps are needed to give the outcome proper legal effect.

To speak to our family law team in confidence, call 0345 872 6666 or complete our online enquiry form to arrange a call at a time that suits you.

How JMW Can Help

Mediation is usually cheaper than going to court, and it is generally faster and more cost effective than court proceedings. We help you understand your legal position before discussions begin, prepare for each session and make informed decisions about any proposals put forward.

JMW has one of the country’s largest family law teams, with more than 40 specialist family lawyers based in Manchester, Liverpool and London, advising clients nationally and internationally. Our team is recognised by the Legal 500, Chambers & Partners and Spear’s 500 for our work in family law, including high net worth divorce, complex financial cases and sensitive children matters.

We advise clients using mediation to resolve issues involving:

• Divorce or separation
• Financial settlements
• Property, pensions, savings and investments
• Business interests, trusts and complex financial arrangements
• Child arrangements, including living arrangements, time with each parent, holidays and schooling
• Financial disclosure and the information needed to reach an informed agreement
• Reviewing proposals made during mediation
• Preparing financial consent orders where an agreement has been reached
• Next steps if mediation does not resolve every issue

The mediator helps create a calm atmosphere for discussions, while JMW advises separately on your legal position and strategy. We help you assess practical solutions alongside the process, so you understand what is fair, what is realistic and what needs to happen to make any agreement legally effective. We also advise on the legal options available if you need to resolve disputes that remain after mediation.

Meet Our Team

Our family law team advises clients before, during and after mediation, providing clear legal guidance on financial settlements, child arrangements and wider separation strategy. We help clients approach mediation with confidence, protect their position throughout the process and ensure that any agreement is properly formalised.

Case Studies

Our Approach to Family Mediation

We support clients through mediation in a structured way, so that each stage of the process is approached with preparation and clear legal advice.

Before mediation begins, we help you identify all the issues that need to be resolved, the information you may need and the points that are most important to your position. This gives you a clearer framework before discussions start.

During mediation, we advise between sessions. This allows you to reflect on what has been discussed, understand the legal effect of any proposals and prepare for the next meeting without making decisions under pressure.

Where financial matters are involved, we help you consider whether disclosure is complete and whether the proposals being discussed properly reflect the assets, income and long-term needs of both parties. Where children are involved, we help you focus on arrangements that are clear, practical and centred on their welfare.

If an agreement is reached, we advise on the next legal steps. This may include preparing a financial consent order, reviewing a parenting plan, or advising whether a court order is needed to give the arrangements greater certainty.

If mediation does not resolve everything, we will help you decide the most appropriate next step. This may involve further negotiation, arbitration or court proceedings, depending on what remains in dispute.

What Is Family Mediation?

Family mediation is a form of non-court dispute resolution that allows married couples, civil partners, unmarried parents and separated families to discuss and resolve family issues with the support of a trained, independent family mediator. It is commonly used to deal with arrangements for children, financial settlements and practical decisions following separation.

The family mediator does not take sides and cannot make decisions for you. Their role is to guide the discussion, help both people identify the issues and create a calm atmosphere for discussions while working towards an agreement where possible.

Mediation is not the same as relationship counselling. It is not designed to repair the relationship but instead enable both parties to agree practical decisions about what happens next.

Depending on your circumstances, mediation may allow you to resolve all issues or narrow the points in disputes so that further negotiation or legal steps are more focused. The Family Mediation Council provides resources to help people find registered mediators.

What Happens During the Family Mediation Process?

The family mediation process will vary depending on the issues involved, but it usually follows a clear structure:

• Initial legal advice: Before mediation begins, you should take advice on your legal position, the issues that need to be resolved and the information you may need before meaningful discussions can take place.
• Initial meeting: The process often starts with an initial meeting where the mediator explains how mediation works, takes the time to understand the issues involved and then assesses whether mediation is suitable.
• Mediation sessions: If mediation goes ahead, both people usually attend a mediation meeting or a series of sessions with the mediator. These may take place in person or remotely, depending on what is most appropriate, and they do not always need to be in the same room.
• Information gathering: In financial cases, both people will usually need to provide information about income, property, pensions, savings, debts and other assets. This allows discussions to take place with a clear understanding of the financial position.
• Discussions about children: Where children are involved, mediation may focus on where they will live, how time will be shared, holidays, schooling, handovers and communication between parents.
• Recording proposals: If proposals are reached, the mediator may record them in writing. This does not usually make the agreement legally binding by itself.
• Legal advice and formalisation: You should take legal advice before anything is treated as final. A solicitor can explain the legal effect of what has been agreed and prepare any documents needed to formalise the outcome.

What Can Family Mediation Help With?

Family mediation can be used to resolve a wide range of issues following separation. It is often most effective where both people are willing to share information, consider each other’s position and work towards a practical outcome.

Finances and property

Mediation can help separating couples discuss how their finances should be divided, including what should happen to the family home and how ongoing financial responsibilities should be managed.

This may include:

• Whether the family home should be sold, transferred or retained by one person
• Mortgage arrangements and housing needs
• Savings, investments and bank accounts
• Pensions
• Income and spousal maintenance
• Business interests
• Trusts, inherited wealth and property portfolios
• Debts and other liabilities
• Overseas or international assets
• Financial disclosure

Financial mediation should be based on a clear understanding of the full financial picture. Taking legal advice alongside the process helps you understand what information is needed and whether any proposals are likely to protect your long-term position.

Children and parenting arrangements

Mediation can also help parents agree arrangements for their children after separation. For many families, the aim is to create a clear structure that reduces conflict, supports stability and helps children spend time with each parent.

This may include:

• Where children will live
• How time will be shared between parents
• Weekday, weekend and holiday arrangements
• Birthdays and special occasions
• Schooling and extracurricular activities
• Handovers and communication
• Introducing changes as children get older
• How parents will make important decisions in the future

We can advise you throughout the process, helping you keep your child’s welfare at the centre of discussions and ensuring that any arrangements are practical and clearly understood.

Wider separation issues

Mediation can also resolve practical issues that arise while divorce, separation or civil partnership dissolution is ongoing. This may include interim arrangements, communication between ex-partners and narrowing the issues before further legal steps are taken.

Even where mediation does not resolve everything, it can still clarify what disputes remain unresolved. This can make any later solicitor-led negotiation, arbitration or court proceedings more focused.

Do I Need a Solicitor for Family Mediation?

You do not always need a solicitor in the mediation room, but it is sensible to take legal advice before and during the process. This is particularly important if you are discussing finances, property, pensions, maintenance or long-term arrangements for your children.

A mediator must remain neutral. They can help both people talk through the issues, but they cannot advise either person on whether a proposal is fair, whether it protects their interests or how it compares with the outcome a court may consider appropriate.

A family law solicitor can help you understand:

• Your legal position before mediation begins
• What information you should ask for before making decisions
• Whether financial disclosure is complete
• How realistic or fair a proposal may be
• The long-term effect of any agreement
• What steps are needed to make an agreement legally binding

At JMW, we advise clients before, between and after mediation sessions. This means you can use mediation constructively, while still making decisions with a clear understanding of your rights, responsibilities and options.

Is Mediation Legally Binding?

An agreement reached in mediation is not automatically legally binding. Mediation can help you reach proposals, but further legal steps are usually needed before those proposals can be enforced.

In financial cases, the mediator may prepare a memorandum of understanding setting out what has been discussed and agreed in principle. This is useful, but it is not usually enough on its own. To make a financial agreement legally binding, it will need to be drafted into a financial consent order and approved by the court.

This is important because divorce or civil partnership dissolution does not automatically end financial claims between spouses or civil partners. Without a financial order, future claims may remain possible even after the relationship has legally ended.

For child arrangements, agreements reached in mediation may be recorded in a parenting plan. In some cases, a child arrangements order may be appropriate, particularly where greater certainty is needed or where there have been difficulties maintaining agreed arrangements.

We can review the outcome reached in mediation, explain what it means in practice and prepare the documents needed to formalise the agreement where appropriate.

Do I Have to Try Mediation Before Going to Court?

In many family cases, you will need to attend a Mediation Information Assessment Meeting (MIAM) before making certain applications to the court. This is usually required for applications relating to financial arrangements or children matters, unless an exemption applies.

A MIAM is not the same as committing to full mediation. It is an initial meeting with a trained mediator, who will explain how mediation works and consider whether it may be suitable in your circumstances.

There are situations where mediation may not be appropriate. This may include cases involving:

• Domestic abuse and narcissistic behaviour
• Safeguarding concerns
• Urgent issues involving children
• Non-disclosure of financial information

If mediation is suitable, it may help you resolve matters without court proceedings. If it is not suitable, or if mediation breaks down, the mediator can usually provide the documentation needed to confirm that the MIAM requirement has been met.

We can advise you on whether a MIAM is likely to be needed, when an exemption may apply and what options are available if court proceedings become necessary.

How Much Does Family Mediation Cost?

The cost of mediation will depend on the mediator, the number of sessions needed and the issues being discussed, so the overall price of mediation services can vary. Private mediators often charge between £100 to £300 per hour. Cases involving financial disclosure, property, pensions or more complex arrangements may require more preparation and more than one session.

The Family Mediation Voucher Scheme may provide up to £500 towards mediation costs in eligible cases involving children, although only when using mediators authorised by the Family Mediation Council. 

JMW does not act as a mediator. Our role is to provide legal advice alongside the mediation process, helping you prepare for discussions, understand the legal effect of proposals and formalise any agreement that is reached, while also considering the wider expense and legal costs of different routes.

Taking legal advice alongside mediation can avoid uncertainty later. For example, a proposal that seems workable during discussions may still need further legal steps before it provides the protection and certainty you need.

Q

Can mediation help if we do not agree on anything?

A

Mediation may still help even where you and your former partner do not currently agree. The mediator can help identify the issues, structure the discussion and focus on areas where progress may be possible.

Mediation does not have to resolve every issue to be useful. It may help narrow the dispute, improve communication or clarify what information is needed before an agreement can be reached.

Q

Can I stop mediation if it is not working?

A

Mediation is a voluntary process, and at any time either person can decide that it should not continue. The mediator may also decide that mediation is no longer suitable if progress cannot be made or if the process is not appropriate for the circumstances.

If mediation ends without agreement, we can advise you on the next step. This may include solicitor-led negotiation, collaborative law, family arbitration or court proceedings.

Q

Can mediation work if finances are complex?

A

Mediation can be used in cases involving complex finances and high net worth, provided both people are willing to provide the information needed to make informed decisions. This may include details of property, pensions, business interests, trusts, investments, income and liabilities.

Legal advice is particularly important in these cases. We can help you understand what disclosure is needed, whether the financial picture is complete and whether the proposals being discussed properly reflect your long-term interests.

Q

Can children be involved in mediation?

A

In some cases, children can be involved through child-inclusive mediation. This allows children to express their views through a specially trained mediator, where it is appropriate and both parents agree.

This will not be suitable in every case. The focus should always be on the child’s welfare, their age and maturity, and whether their involvement would help arrangements be made in their best interests.

Q

Can family mediation be done remotely?

A

Many mediation sessions now take place remotely by video call, although in-person mediation is also available. The right format will depend on the circumstances, the issues involved and what is most likely to support constructive discussion.

Remote mediation can be helpful where people live in different locations, have demanding work commitments or would find it difficult to attend the same venue, and some online services can also help reduce the need to spend time travelling and are often cheaper than going to court.

Q

What happens if my former partner refuses mediation?

A

If your former partner refuses mediation, or does not engage with the process, mediation cannot usually move forward. In many cases, the mediator can provide confirmation that mediation has been attempted or is not proceeding.

We can then advise you on the next available route. Depending on the issues involved, this may include solicitor correspondence, another form of non-court dispute resolution, or an application to the court.

Q

Can I use mediation after court proceedings have started?

A

Mediation can still be used after court proceedings have started, if both people are willing to engage and the issues are suitable. In some cases, mediation can help resolve matters before a final hearing or narrow the points that remain in dispute.

We can advise on whether mediation is appropriate at that stage, how it fits with the family court timetable and what steps are needed if agreement is reached, including pursuing a consent order after divorce proceedings start.