Mediation

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What is mediation?

Mediation involves an independent third person helping parties in dispute to reach a resolution. The mediator does not make decisions or impose a settlement. They encourage and facilitate a settlement that is decided by and acceptable to the parties themselves.

Mediators can provide general information about the law and the way the legal system works. They cannot provide advice about a person's legal rights and their best course of action. Mediators come from a wide variety of backgrounds. Some are solicitors while others have training in other professions.

There is no statutory body that regulates the mediation profession. Most mediators are trained and associated with a mediation lead body, which sets out professional standards and investigates complaints against their members.

Visit the Community Legal Advice website where you can:

Call the helpline now on 0845 345 4 345.

What are the benefits?

Mediation:

Is mediation confidential?

The mediator will not pass information on unless parties agree. However, if it appears that someone has been seriously hurt, or is at risk, the mediator will make sure that the police or social services are told.

What is said in mediation cannot be used in court later if mediation breaks down. This does not apply to factual information given during the mediation process, such as details of income and property. This can be used in any later court proceedings and passed to solicitors.

Any agreement reached through mediation is usually written down and signed by both parties and the mediator(s). However, it is not legally binding and cannot be enforced in court unless the parties decide to make it a legal contract.

The agreement does not affect anyone's legal right. Each party has the freedom to find another way of dealing with the dispute at any time.

Family mediation

Family mediation is available to divorcing and separating couples whether or not they have children. It is also available to extended family members, e.g. grandparents.

Mediation improves communications between parties. This is especially important if children are involved, as often the parties will need to co-operate over their care and upbringing.

Family mediation can be used to help settle:

What happens

If parties need to sort out arrangements for their children, the mediator will help them to decide what is best for their children and how and what they should tell them. The mediator will encourage the parties to concentrate on their children's needs; taking into account their feelings and what they want when making arrangements for their future.

If the parties need to sort out financial arrangements, the mediator will ask them to fill in a form giving full details of:

Mediators will make sure that mediation discussions are fair and that both parties feel safe. The mediator will check that there is not a problem of violence or abuse before and during mediation.

Parties should talk to a solicitor before they start mediation so that they know where they stand legally, especially on money matters.

Parties should each seek legal advice from a solicitor, both during and at the end of mediation, to make sure that the agreement reached is best for them.

Parties may also need a solicitor to draw up a Court Order to make the agreement formal.

How long does it take?

Mediation usually takes between two and four sessions, each lasting about an hour and a half. This depends on how complicated the dispute is.

How can I find my local publicly-funded family mediator?

Publicly-funded family mediation is available for financially eligible clients.

You can find your local publicly-funded family mediation service by visiting the Community Legal Advice website.

Call the helpline now on 0845 345 4 345.

Other forms of mediation may be funded as a disbursement under Legal Help, Legal Representation or Support Funding.

Where to go for more information

Visit the Community Legal Advice website or call 0845 345 4 345 where you can:

To find more information about what family mediation is and how the process works you can visit Advice Now’s Family Mediation web pages.

The Family Mediation Helpline’s website and help line (telephone 0845 602 6627) provides:

How to apply for a contract to do a publicly funded family mediation under the Unified Contract

Providers need to comply with the LSC’s Quality Mark Standard for Mediation to get a contract.

You should contact your LSC regional office to discuss the application process.

The LSC does not fund community mediation providers.

Mediation Quality Mark

The Quality Mark Standard for Mediation is the Quality Mark for Family and Community Mediation services. The LSC's quality assurance process aims to help mediators run a well-managed service that provides a professional, high quality service.

Applicants for Family Mediation can download an application pack from the Quality Mark pages of this website.

Please contact your LSC Regional Office for more information or email the Quality Mark team.

Visit the Community Legal Advice website or call 0845 345 4 345 where you can:

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Last updated: 30 April 2008

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