This is Family Mediation Week – So what is Mediation?

Family Mediation Week is an annual event where family lawyers come together to raise awareness of family mediation and the benefits it can bring to separating families.

Since the court introduced new rules in April 2024 insisting that divorcing couples try  Non-Court Dispute Resolution (NCDR) before issuing a court application, it is now as important as ever that separating couples understand the benefits of mediation and how this may be able to help.

The Family Team at Simons Muirhead Burton LLP have three very experienced family mediators in the team who can help you through this process, Jane McDonagh, Tessa Bray and Lara Wulwik.

1. What is the process of divorce mediation in the UK?

Divorce mediation in England & Wales is a collaborative process where a neutral third party, the mediator, helps couples resolve disputes and reach agreements on various aspects of their divorce. We guide couples through the following steps:

1. Initial consultation
2. Information gathering
3. Identifying issues
4. Negotiation sessions
5. Drafting agreements
6. Legal review and finalisation

Our experienced mediators help couples communicate effectively, explore options, and find mutually beneficial solutions, often saving time and money compared to court proceedings.

2. How long does divorce mediation last?

The duration of divorce mediation varies depending on the complexity of issues and how easy it is for you and your ex-partner to communicate constructively in this forum. Typically, mediators complete the process in 3-6 sessions over 2-3 months. However, some cases may resolve more quickly, while others might require more time and there isn’t a hard and fast rule for all.  Our goal is to help you reach a fair agreement efficiently, tailoring the process to your specific needs and circumstances.

3. What alternatives to court are available for divorce in the UK?

In the UK, several alternatives to court are available for divorcing couples:

• Mediation
• Collaborative law
• Arbitration
• Negotiation through solicitors

It is important to speak with a qualified family lawyer who will be able to guide you through these options, helping you choose the most suitable approach for your situation. These alternatives often prove faster, less expensive, and less confrontational than court proceedings. We recommend the sooner you can speak with a solicitor to explain your options the better.

4. Can I skip mediation and go straight to court?

Since 2011, most couples are required to attend a Mediation Information and Assessment Meeting (MIAM) before filing for court proceedings except in limited circumstances.  However, in addition to this, since April 2024 the court will now require all parties to have given non-court dispute resolution a good chance of success before issuing court proceedings. The SMB family team can help you explore whether mediation or another form of non-court dispute resolution is suitable for your case. In some instances, such as cases involving domestic abuse, you may be exempt from the MIAM requirement.

5. How is child contact handled in divorce mediation in the UK?

In UK divorce mediation, child contact  (referred to as “child arrangements”) is a primary focus. Our family team helps parents:

• Develop a parenting plan
• Agree on residence and contact schedules
• Address education and healthcare decisions
• Resolve holiday and special occasion arrangements

We encourage parents to prioritise their children’s best interests and foster cooperative co-parenting relationships. The team at SMB can help you navigate these sensitive issues effectively.

6. What should I look for when choosing a divorce mediator in the UK?

When selecting a divorce mediator in the UK,  consider the following:

• Qualifications and training
• Experience in family law and mediation in your jurisdiction. Often at SMB there can be an international element of the couple which needs specialist knowledge
• Specialisation in relevant areas for example dealing with high-net-worth individuals
• Communication style and approach.

If you are considering a divorce and separation, please do contact our Family team who will be able to discuss your options and advise on what is best for your personal circumstances.