Is family mediation voluntary?

The court process in England and Wales can be relatively straightforward in situations where the separating parties both agree on the terms of separation and on what they would like to happen to assets and the future provisions for any children. The situation is often not so simple, as separating couples can struggle to agree on even the most fundamental issues.

Traditionally, such disagreements would be played out via legal representation in the form of divorce lawyers or family law solicitors. However increasingly, divorce solicitors are recommending mediation as a voluntary way for separating couples to achieve agreement on the terms of their divorce.

Mediation is often carried out by a specially trained and independent family law solicitor or barrister. Meetings are held in a neutral location and can be either separate or can be conducted with both parties present. Both parties retain their own family law solicitor to represent them, and the results of mediation meetings are then discussed with each divorce lawyer before the next meeting.

The purpose of this voluntary mediation is to reach the agreement that the court would otherwise be looking to find. The advantage is that both parties can do so outside of court, saving time and crucially considerable expense. The results of mediation are not normally legally binding, although your divorce solicitor can draft a consent order, which once signed can be presented to the divorce court. This then forms the basis of a contract enforceable in law.

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