Understanding mediation

If you are considering separating from your partner, the process of divorce can seem daunting. You are not alone in feeling like this and the family team at SMB are regularly asked about the process of divorce and mediation. Below we have compiled some of the most popular questions that clients ask us about mediation to help sign post you to your next steps.

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 in London 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 in London 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:

1. Mediation
2. Collaborative law
3. Arbitration
4. 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?

While it’s possible to go straight to court for divorce proceedings in the UK, it’s generally not recommended without first attempting mediation, except in certain limited circumstances, which we can discuss. Since 2011, most couples are required to attend a Mediation Information and Assessment Meeting (MIAM) before filing for court proceedings. The SMB family team can help you explore whether mediation is suitable for your case. In some instances, such as cases involving domestic abuse, you may be exempt from the MIAM requirement.

5. What does MIAM mean? What are MIAM requirements for divorce and how do they work?

MIAM stands for Mediation Information and Assessment Meeting. It’s a mandatory first step if you are considering court proceedings. If you’re not planning to issue contested proceedings at court, then a formal MIAM isn’t needed and your suitability for mediation will be assessed and discussed with you by the mediator at your first one-to one session

6. How is child custody handled in divorce mediation in the UK?

In UK divorce mediation, child custody (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.

7. Can I reach a divorce financial settlement without going to court in the UK?

Yes, it’s possible and often preferable to reach a divorce financial settlement without going to court in the UK. We can help you:

• Disclose all relevant financial information
• Identify and value assets and liabilities
• Negotiate fair division of property and assets
• Address pension arrangements
• Agree on spousal and child support

Once an agreement is reached, we can help you formalise it by preparing a consent order, making it legally binding without the need for court hearings.

8. What’s the difference between collaborative divorce and mediation in the UK?

While both collaborative divorce and mediation are alternatives to court in the UK, they differ in several ways:

Mediation:

• Involves a neutral mediator facilitating discussions
• Couples negotiate directly with each other
• Less formal, often less expensive
• Mediator do not provide legal advice although they can indicate whether a particular solution is within the options a court would make in a given situation

Collaborative Divorce:

• Each party has their own collaboratively trained lawyer
• Negotiations occur in four-way meetings and the lawyers always take a constructive approach to negotiations
• More structured, may involve other professionals, for example financial advisors
• Lawyers can provide legal advice throughout the process

Our London firm offers both services, helping you choose the most appropriate option for your situation.

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

When selecting a divorce mediator in the UK, particularly in London, 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 London based Family team who will be able to discuss your options and advise on what is best for your personal circumstances.