What is family mediation and what are the benefits?

In readiness for Family Mediation Week, taking place 26-30 January 2026, Louise Shaw and Rebecca Patience in our family law team to take a look at mediation and how it can be used in divorce and children matters.

Family Mediation Week

Family Mediation Week is an initiative set up by the Family Mediation Council. It aims to raise awareness of the benefits of family mediation to families experiencing familial issues such as divorce and disagreements relating to the arrangements for their children.

During Family Mediation Week, the Family Mediation Council, along with other bodies, offer a range of seminars, webinars and access to other educational material, aimed at both members of the public and family law professionals, with a view to enhancing awareness and encouraging people to consider mediation.

What is mediation?

In family law cases, mediation can be used as a tool for parties to discuss and reach an agreement on issues such as finances, children and property. The process can take place online or in-person and involves a mediator facilitating discussions with a view to resolving disputes between the parties.

The mediator is a neutral third party who is professionally trained. While the mediator cannot offer legal advice, they are able to use their expertise to guide discussions while remaining impartial.

How does family mediation work?

Mediation typically begins with each party attending a Mediation Information & Assessment Meeting (MIAM) where the mediator will discuss the dispute with each party individually, assess whether mediation is a suitable option, and provide a breakdown of what can be expected.

The mediator will also deal with any questions or concerns the individual may have. A joint mediation session is then arranged where the parties will have the opportunity to discuss their matter in the presence of the mediator.

What are the benefits of family mediation?

•  Staying in control: Mediation allows the separating couple to maintain control. An agreement cannot be reached in mediation without being agreed by both parties, unlike court where the judge can make the final decision which is legally binding on both parties.
• Flexibility and timing: Mediation offers flexibility, as sessions can be online or in-person depending on what works for those involved. Discussions are led by the separating couple with guidance from the mediator when required. By working within a timeline set by the parties themselves, rather than being placed on the court’s timetable, the parties can set the pace of progress.
• Avoiding the costs of going to court: Mediation is generally the most cost-effective form of alternative dispute resolution in family law matters as it focuses on cooperation rather than litigation. Choosing mediation could avoid the legal costs of court, which can be expensive. Parties can choose to share the cost of the mediator between them, which could make mediation a cost-effective way to resolve disputes.
• Solutions focused and forward looking: Mediation can be quicker than engaging in the court process. By parties agreeing the agenda at the outset, the mediator will ensure discussions are focused and aim for progress to be made. Mediation promotes open dialogue and cooperation between the parties. The mediator will facilitate discussions, encouraging parties to focus on the future rather than dwelling on the past.
• Less formality: Mediation is much less formal than court. It is the role of the mediator to make the parties feel comfortable and heard within the mediation process. This differs to court whereby proceedings can be formal and court protocol is to be adhered to.
• Confidentiality: All mediation sessions are confidential. This creates a safe space and encourages open dialogue.

What happens next?

In the event that an agreement is reached, the mediator will draft the Memorandum of Understanding in cases of divorce and financial matters, or a Parenting Plan in cases relating to children.

It is important to note that an agreement reached in mediation is not legally binding. In cases relating to children, the agreement reached does not need to be drafted into a Court Order unless parties choose for it to be.

In cases of divorce and the resolution of financial matters, it is necessary for the settlement terms agreed to be drafted into a Consent Order to ensure the terms are binding on both parties and to prevent future claims from being made.

In the event that mediation is not successful in resolving all matters between parties, it may assist the parties in narrowing the disputed issues prior to embarking on solicitor negotiations or the issue of an application to the court.

If you would like advice following the conclusion of your mediation to ensure the legal enforceability of the agreement reached, or to discuss alternate means of resolution in the event that mediation breaks down, the family team at Harrison Drury solicitors will be able to offer you support. Contact us to find out more.