What is family mediation and is it binding?

Taylor Bracewell is pleased to support Family Mediation Week taking place from Monday 26th to Friday 30th January. Family mediation can help separating families manage their issues productively and collaboratively. Both parties are initially invited to a separate intake session in order to assess whether mediation is going to be an appropriate way to resolve issues. If both parties agree, there will then be one or more joint sessions. These could take place face to face or virtually. It is also possible to have shuttle mediation where you are in separate rooms if that could be more comfortable. 

Mediation is a process in which an impartial third party (the Mediator) assists those involved to reach their own agreed and informed decisions about issues arising from their separation. This can include arrangements for the children and financial issues.

Mediation can help to reduce tension and anger and improve communication. This is especially important where there are children in the relationship. The aim is to work towards an outcome which both parties regard as reasonable and fair.

Legal aid can be available to cover the costs of mediation and the Mediator will discuss with you whether you are eligible. Where one party is eligible, this can also benefit the other party.

An agreement reached at mediation can be converted into a consent order, with regard to either children or financial matters. The order would become legally binding once approved by the court. If an agreement is not converted into a court order, the agreement itself is not legally binding. The discussions at mediation are privileged which means they cannot be discussed at court. Therefore, it is preferable to convert a mediated agreement into a court order wherever possible.

Should mediation break down without reaching an agreement, any application to court generally has to be made within 4 months, in order to avoid having to refer to mediation again.

Our Family Team at Taylor Bracewell is also on hand to assist with any enquiries or referrals relating to the mediation process. If you would like further information, guidance, or support in exploring whether mediation may be appropriate, please do not hesitate to contact the team on 01302 341414 or fill out our online enquiry form.