Mediation is a way of resolving issues directly with the help of a mediator. Our mediators are also family lawyers and so have a specialised knowledge of the issues involved. It is a private (confidential) and entirely voluntary process which involves a series of meetings between the couple and a mediator where, together, they try to reach an agreement. If an agreement is reached it can, potentially, be made binding via a court order, which is something your solicitors would deal with.
Our team of specialist family lawyers includes experienced and accredited family mediators, Charlotte Bradley, Connie Atkinson, Lauren Evans and Stacey Nevin allowing you to choose the right mediator to suit your personal circumstances. We are able to provide substantive mediation (in relation to financial matters and/or issues relating to children) and we also undertake MIAMs (Mediation Information and Assessment Meetings).
Recent examples of work
- Mediating a couple, who did not wish to instruct lawyers, to negotiate the division of their £30m assets. The mediator worked with the couple, their accountant and other tax advisors to prepare a tax efficient settlement.
- Mediating a couple to resolve a financial settlement and arrangements for the children. She worked closely with the couple and at the mediator's suggestion, also with their solicitors, who attended the final mediation sessions.
- Mediating a couple who were unmarried to agree the financial and parenting arrangements for their two year old child. As the couple relied on the father to support their high standards of living, some mediation sessions took place with members of the couple's extended family and their solicitors.
Frequently asked questions
What type of issues can be mediated?
In short, any issue can be mediated where there is a desire to reach agreement and avoid litigation. Mediation can relate to finances (e.g. on divorce or separation or following cohabitation) and can also be used for issues relating to arrangements for children.
Who is the mediator?
Our mediators are also specialist family lawyers although their role, as a mediator, is not to give legal advice but to guide you through the process and assist you in reaching an agreement. As lawyers we have the benefit of understanding the issues involved and a wealth of experience. The mediator is instructed by both parties to be impartial and to facilitate the discussion. Our role is to help you to reach an agreement rather than to advise. From our experience, mediation tends to work best where each party has taken independent legal advice prior to or during the mediation process but you are under no obligation to instruct solicitors unless you wish to.
Can I be forced to mediate?
No – mediation is a voluntary process and both parties have to agree to attend. The regulations relating to MIAMs (Mediation Information and Assessment Meetings) mean that in some circumstances you may be obliged to attend a MIAM meeting (either on your own or with your former partner) before you issue a court application. This is something which we or your solicitors can assist with. If you attend a MIAM on your own it will likely take approximately 45 minutes. If you attend together it may take a little longer. Ultimately, however, you cannot be compelled to mediate with your former partner. The purpose of a MIAM is to give you information regarding the non-court processes such as mediation and to make an assessment as to whether or not your case would be appropriate for mediation if mediation was something you wanted to explore.
Will we have to be in the same room?
Not necessarily, but our experience shows that mediation works best where you establish a dialogue and are able to discuss the issues directly in a controlled and comfortable environment. We do everything we can to ensure that the venue is safe, comfortable and the environment non-judgmental. In most cases, we meet with each of you separately before commencing a meeting together. In summary the process can be tailored to your needs and what works best for you as a couple.
Can we mediate via Zoom?
Yes, online mediation sessions are possible via Zoom (or another platform such as Microsoft Teams). There are pros and cons to this, which your mediator will discuss with each of you at the outset. Ground rules will also be discussed and agreed with you both at the beginning to ensure sessions remain confidential and productive.
Can my solicitor be present?
Yes - solicitors can be present in mediation during the joint sessions providing both parties and the mediator agrees. Even if legal advisers are not present, most clients tell us that it is helpful to take legal advice before and between sessions rather than during the mediation itself. If this is something that is of interest we can discuss this with you and your solicitors.
What is hybrid mediation?
Hybrid mediation involves elements of civil mediation, such as bringing in the parties’ lawyers and shuttle mediation, where the mediator speaks to each party separately to help explore issues and settlement proposals. A key distinction is that a hybrid mediator is able to hold confidential information (for example, about negotiating positions) during the process in order to help identify common ground.
Can other advisers be present, e.g. my accountant?
Yes - if you both agree. Sometimes this can be helpful if there is a particular issue to be discussed and explored. Depending on the issues involved a child expert, pension expert, independent financial advisor or accountant could be involved in one or more of the mediation sessions. It really is a question of what works for you and what is relevant.
Can the children be involved in mediation?
Yes, specially trained child-inclusive mediators are able to speak to children in separate sessions (i.e. without their parents present) about their wishes and feelings in order to give them a voice in the process. The child-inclusive mediator will then feedback their views to both parents.
How long does it take?
Each individual mediation session tends to take 1.5 to 2 hours, but we will be guided by you. Overall, much will depend on the complexity of the issues involved and how readily an agreement is reached. Some clients resolve matters in a single session whereas most can take a number of sessions to deal with the matters at hand.
What form does the "agreement" take and will it be legally binding?
Any agreement discussed is not binding upon you as it is subject to both of you having independent legal advice. If a proposed agreement is reached the mediator will prepare documentation which sets out the proposed terms of the agreement and provides a clear understanding and record of what has been agreed between you. Should you wish, this can be passed to your solicitor, who can then draft any relevant Court Order or agreement, based on that documentation. If an agreement is made into a Court Order and approved by a Judge, it will at that point become legally binding.
What happens if we're unable to reach an agreement?
In our experience, the vast majority of people are able to reach an agreement. However, if you are unable to reach an agreement in mediation, you are still able to negotiate directly or via your solicitors and ultimately, you can make an application to the courts or via a privately chosen arbitrator (for example, using the Certainty Project model).
How much will it cost?
Various hourly rates apply to our mediators. We can help you choose the right mediator to suit your personal circumstances. As a couple you can agree to divide the costs between you or they can be paid by one or either party.
What is co-mediation?
Co-mediation involves two mediators, who work together to manage the discussions. An extra pair of eyes and ears can be invaluable to gauge reactions and ensure both parties feel heard. Involving both a senior and junior mediator in the process also means that work between sessions (e.g. drafting the memorandum of understanding) can be done more cost efficiently, or for example the senior mediator could only be involved in sessions covering more challenging topics for you both.
What is the Certainty Project?
The Certainty Project is an out of court process that involves separating couples engaging in mediation on the basis that any unresolved issues will be decided by an arbitrator within a time frame of six months. The legal professionals involved are all committed to managing the bespoke process in a time and cost efficient way. For more information, please click here.
If you require further information or advice from our team of specialist family lawyers, please contact Charlotte Bradley or a member of our team, email us or call us on +44 (0)20 7814 1200. Alternatively you can submit a brief online enquiry here.
"Kingsley Napley's mediation team is ‘growing from strength to strength‘ under the leadership of ‘second-to-none’ Charlotte Bradley, who mediates both traditionally and in the hybrid structure for financial and children-related matters. For multi-jurisdictional disputes involving complex financial arrangements, Connie Atkinson is recommended, ensuring that clients feel ‘empowered by the process‘, while Lauren Evans‘ ‘calm’ approach is noted in her work involving business and trust assets. High-conflict, cross-border children disputes, particularly those involving the UAE, are an area of strength for Stacey Nevin."
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