Alternatives to traditional court-based approach on relationship breakdown - Mediation
Mediation involves you and your partner/spouse meeting with an independent neutral person, trained as a mediator, who will assist you both in reaching sensible solutions to your problems. Often within the context of the breakdown of a relationship, these problems relate to financial issues and/or concerns relating to the children of the family. In our experience Mediation can be particularly effective in relation to problems concerning the children.
The mediator acts as a facilitator to enable the two of you to endeavour to reach agreement. The mediator is impartial and is there to help both of you.
The mediator can give information about the law but cannot give legal advice. We therefore advise that you consult your solicitor as well in between mediation sessions to ensure that you have a chance to get full advice on points discussed in mediation. It is rare for your solicitor to be present at a mediation meeting.
On occasions a mediator may feel it necessary to invite other people to attend the mediation session such as older children who may be closely involved with the problems at hand.
Mediation is a useful facility where the two of you want a safe and neutral environment in which to talk together about the issues between you. The presence of a trained expert assists you both in reaching mutually agreeable solutions whilst improving the chance of preserving your relationship. This is particularly important where you have children together. Both of you retain a greater degree of control over your affairs than that which would be achieved through Court proceedings.
An alternative to mediation for those who want more 'hands on input' from their solicitors is "collaborative family law". Please see our fact sheet on collaborative law for more information.
Both Joanna Hawkins and Rachel Lander are trained mediators and, where relevant, can also put you in touch with other mediators who may be able to assist.
The contents of this fact sheet are general principles and do not constitute legal advice. Every case is different and you should seek independent legal advice in relation to your specific circumstances.