During Mediation

Mediation Sessions

The number of mediation sessions that you will need to attend depends upon the types of issues that you need to discuss. Your mediator will inform you how many sessions you are likely to need. You may be able to come to proposals in a straightforward matter in two sessions and more complex issues may take up to five or six sessions. Typically a mediation session lasts around 90 minutes.

At the end of the mediation process, the mediator will prepare a document setting out your situation and proposals made in mediation (this is not legally binding). This may be shown to a solicitor to obtain legal advice or if you wish form the basis of a court order.

Reaching an agreement

Proposals and agreements reached in mediation are “Without Prejudice” which means that they are not legally binding, and cannot be referred to in any subsequent court proceedings, (unless both parties waive privilege). This is to avoid any undue pressure and to enable appropriate advice to be obtained during the period of mediation. Advice obtained by lawyers should be brought to mediation so that clients can make informed decisions. Once agreements are reached in mediation, they are usually drawn up by your mediator in a Memorandum of Understanding or Statement of Outcome that sets out proposals that are mutually acceptable to you.

It is also worth bearing in mind that:

  • Agreements about arrangements for children reached in mediation are more likely to be maintained than those ordered by the Court.
  • A co-operative post separation relationship achieved through mediation, will make it easier to re-negotiate future arrangements that respond to your child’s changing needs.
  • FMA mediators will formulate the agreed proposals in such a way as to make the ratification of proposals through lawyers and Courts a relatively easy process.
  • Even where mediation is not wholly “successful”, agreements as to some issues will often make the conclusion of overall settlements through lawyers a shorter and cheaper process.
  • In cases where the Courts are already involved, your mediator may help you negotiate a partial lifting of confidentiality to assist you in bringing litigation to a close.
  • Many of our services report a successful conclusion in at least 80% of cases. There is also plenty of evidence that agreed proposals owned by parents in mediation hold better than Court orders, especially in children cases.