Mediation begins when a referral is made. You can book a referral by completing our referral form with your details. Once received, the mediator will contact you to arrange a private Mediation Information and Assessment Meeting (MIAM).

The MIAM is a confidential, one-to-one meeting with the mediator. It is your opportunity to:

• Explain your situation and the challenges you are facing.

• Learn how mediation works and what to expect.

• Explore alternatives to court proceedings.

• Ask any questions you may have about the process, timing, or legal considerations.

• Decide whether mediation feels like the right step for you.

The MIAM ensures that everyone understands the process and feels prepared before any joint mediation sessions take place. It is a confidential, neutral space for you to consider your options and make an informed decision about moving forward.

If both people agree to proceed to mediation, both will be asked to complete an Agreement to Mediate which sets out expectations throughout mediation. The agreement is designed to help everyone feel confident and comfortable throughout the process. 

Once both people sign and return their agreement, mediation can begin in either;

• a joint meeting where everyone is present and can speak and be heard directly, or 

• in separate spaces where each person shares their views directly with the mediator, rather than directly with each other 

The mediator is neutral and provides a compassionate space supporting everyone to be heard and understood.

The focus is on practical, future focused solutions that consider everyone’s needs moving forward.

Following a mediation session, you will receive a ‘summary.’  This is a legally privileged document prepared by the mediator.  It provides an overview of the discussions and a record of any agreements reached in the mediation session.  It cannot be shared with anyone outside of your mediation process other than a solicitor to obtain legal advice.

Mediation is a unique opportunity to explore options and rethink your future family and financial landscapes.

Decisions can be reached about arrangements for your children including communication and about your finances including full financial settlement upon divorce.

The mediator helps you explore options, consider practical solutions, and reach agreements that are realistic and sustainable. These agreements are tailored to the unique needs of everyone involved and can be adapted to suit future circumstances.

• Mediation about children

The mediator will provide a written summary following each mediation session.  These summaries are confidential and legally privileged which means they can only be shared with a solicitor to obtain legal advice.

Parents may opt to ask the court to approve a Child Arrangement Order [CAO] to make their agreements about arrangements for their children legally binding.  Parents are able to use the summaries to request a solicitor to prepare the CAO for court approval.  

We need to remember that a CAO is immovable, and court promotes the use of Parenting Plans.

Your mediator can help you develop a Parenting Plan together using Rethink Mediations template during your mediation sessions.  Once you agree a Parenting Plan it becomes an open document which means it can be presented to court if needed.  Parenting Plans are reviewed regularly, in line with the changing needs of children and families.  The plan must be focused on what is in the best interests of the child.

Here is a link to the Help in Planning Together for Children on the Cafcass website;  https://www.cafcass.gov.uk/grown-ups/parents-and-carers/divorce-and-separation/parenting-plan/     where, if you scroll down, you will find a link to explore the parenting plan in a word document.  

• Mediation about Property & Finance 

The mediator will prepare a Financial Schedule to be discussed in your first mediation meeting about property and finances.  The Financial Schedule is a working document that records all of your financial information, and it is updated and sent to you after each mediation meeting.

There will also be a list of disclosure documents each person will need to provide to complete financial disclosure, which is a legal requirement and part of court’s expectations in order for them to authorise a legally binding financial settlement.

When full disclosure has been shared the mediator will update the Financial Schedule and create an Open Statement of Financial Information for both people to approve.  Once approved this statement is open, which means it is no longer legally privileged and can be shared with court if required.

When a full financial settlement is agreed in mediation, the mediator can prepare a Memorandum of Understanding [MOU].  The MOU records all of the agreements you have reached in mediation; what you have considered and how and why you have decided to share assets and liabilities in the way you have .  The MOU is a legal letter and is legally privileged which means it cannot be shared in court.  The purpose of the MOU is to help the solicitor prepare the Financial Consent Order [FCO] which the solicitor submits to court to be authorised and made legally binding.