Mediation Process

Family mediation is a voluntary process, where separating or divorced couples can have a discussion – not an argument – about their future arrangements, guided by an experienced mediator. No-one forces you to come and you can leave the process at any time if it’s not working for you.

Mediation is impartial. The mediator does not take sides, making sure that all negotiations are balanced and that both parties are able to freely express their views.

The power of decision-making rests with you. The mediator will not tell you what to do but is there to guide you through possible options and to help you both make the right arrangements about your future.

Mediation is confidential, which means you are free to explore all options safe in the knowledge that if mediation fails the courts are not entitled to hear about the discussions that took place. This ensures that the negotiations are ‘without prejudice’ and won’t influence any future legal proceedings.

There are two exceptions to confidentiality: one involves financial disclosure, where the courts are able to call on financial information provided during mediation and use it to form a judgment. The other is where a mediator is concerned that a child is at risk of serious harm and therefore has a duty to report it to the appropriate services.

As of 30 June 2022, all mediators must make privacy policy/notices and complaints policies available on their websites. The relevant complaints policy will be set out and attached to the mediation Agreement to Mediate as well as being posted here. The privacy policy/notice must enable information held by the mediator to be shared with the Family Mediation Standards Board (FMSB) in the event that a formal complaint is made to the FMSB to which the information is relevant.