We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
We provide a wide range of legal services to individuals through our specialist teams of solicitors across our offices.
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We provide a wide range of legal services to businesses through our specialist teams of solicitors across our offices.
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This week marks the Annual Awareness Week organised by the Family Mediation Council (FMC) and it showcases how “family mediation can support the work of solicitors, social workers, teachers and a range of others involved in helping families through separation and conflict”.
Family mediation is a process which offers separating families the opportunity to come together in a neutral environment with an independent expert acting as mediator with the sole aim of discussing the issues in respect of their separation, whether these be in relation to children, property, finances or any other issues they may have. The mediator’s role is to ensure that there is a balanced and fair process where each person involved in mediation can voice their concerns, wants and needs, and work towards mutually acceptable outcomes.
Mediation can be for separating couples to discuss divorce and finances, but it can also be used to address more emotional situations, such as arrangements for children.
There is also child-led mediation, where a child of sufficient maturity who can cope with attending mediation is able to speak freely to the mediator about their wishes. This information can then be disclosed to the parents to assist them in reaching an agreement for their child(ren) that best meets their needs.
A key benefit of family mediation is that all parties remain in control of the decisions being made. They control what they wish to say, how issues are addressed, and how they bridge gaps to reach agreement.
Mediation is a more affordable alternative to resolving issues via solicitors and court proceedings. It also provides a safe environment for resolving matters where there may otherwise be a power imbalance between the parties.
Another benefit is that mediation offers a much quicker route to resolution than protracted negotiations via solicitors or court proceedings, which can last months or even years.
Mediation is also a more informal process and is what solicitors refer to as “without prejudice”. This legal term means that discussions are confidential, allowing parties to have open and honest conversations and to put forward offers and solutions without fear of those discussions being used against them later.
Mediation is without detriment to any existing right or claim.
Generally, the costs of mediation are split between the parties, rather than each person having to fund their own independent legal fees.
There is also funding available for mediation. Individuals on a very low income may be eligible for legal aid for mediation, and there is currently a government scheme providing up to £500 in mediation vouchers.
Mediation can take place in person, with all parties in the same room as the mediator, or as shuttle mediation, where the parties are in separate rooms and the mediator moves between them.
Shuttle mediation is often more appropriate where there has been domestic abuse or a power imbalance, as it allows parties to feel more comfortable and confident in expressing their views, concerns and wishes.
Many mediators also offer mediation via video call. Mediation cannot take place over the telephone, as mediators need to see the parties to ensure they understand the process fully and are engaging appropriately.
If parties are unable to reach agreement between themselves and are considering court proceedings, attendance at mediation is generally required beforehand. In reality, the majority of cases settle during mediation, allowing solicitors to convert agreements into Consent Orders or written agreements, which can then be approved by the Court.
The first meeting in mediation is called a Mediation Information and Assessment Meeting (MIAM). Prior to joint mediation commencing, each party attends an individual meeting.
During the MIAM, the mediator explains the process and confirms that mediation is entirely voluntary. If at any stage a party feels the process is no longer working, they can withdraw their consent to continue.
The mediator will assess whether mediation is suitable and help parties identify what they need to engage fully in the process. In some cases, mediation may be deemed unsuitable, and the mediator will guide parties accordingly.
Following the MIAM, joint mediation sessions are arranged. The number of sessions required depends on the individuals involved and the complexity of the issues.
As mediation is an impartial process, it is often beneficial for parties to obtain independent legal advice alongside mediation.
When mediating financial matters, it is beneficial to obtain independent legal advice on your rights and on how the Court would approach financial issues. This allows parties to negotiate with a clear understanding of their position and the potential consequences if matters proceed to Court.
At all stages of financial remedy proceedings, the primary objective is fairness, and this principle underpins both mediation and court decisions.
When discussing arrangements for children, both parties usually share the same core aim: ensuring their children are loved, cared for and treated with respect. However, parents may not always agree on how best to achieve this.
Mediation can assist parents in navigating these disagreements. It is important to consider the welfare checklist applied by the Court, which includes factors such as the wishes and feelings of the children, cultural background, education, health and wellbeing, parenting capability, the impact of changes in circumstances, and any risk of harm.
Court Orders are not always necessary. Where agreement is reached, parents can create a parenting plan, which often offers greater flexibility than a formal Court Order.
Family justice is central to everything the Pinney Talfourd Family team does. Where it is safe to do so, we always advise clients to attend mediation with an open mind and a willingness to compromise.
We understand the significant cost and stress associated with court proceedings and regularly support clients through the mediation process, which often leads to positive outcomes. Even where mediation does not result in full agreement, it can still assist in reaching settlements outside of Court by clarifying financial positions and identifying key issues.
Our Family team offers a free 45-minute initial consultation. We understand that the volume of information available online can be overwhelming and difficult to navigate.
Our consultation provides tailored advice based on your individual circumstances. If you are a new client and would like to book a free 45-minute consultation, we would be happy to answer your questions.
Please contact your local office:
We work closely with mediators and regularly recommend professionals we trust, who have successfully assisted clients in reaching agreement without incurring significant legal fees. If you would like more information about mediation, or advice regarding separation from your partner, our Family team is here to help.
The above is meant to be only advice and is correct as of the time of posting. This article was written by Remyhs Baker, Senior Associate in the Family team at Pinney Talfourd LLP Solicitors. The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. Specific legal advice should be taken on each individual matter. This article is based on the law as of January 2026
For help and advice, talk to a member of our team. They can advise on the best options in your matter.
