Family Mediation Solicitors

You don’t need to bring a lawyer to mediation, but having legal advice before or alongside the process can be very valuable. 

Mediation is designed to help separating couples reach their own agreements about property, finances and childcare arrangements without the pressure or cost of going to court. 

The mediator is neutral; they won’t take sides or give either of you legal advice. Their role is to guide constructive discussion and help you work towards solutions that you can both accept. 

Because mediators don’t provide legal advice, most people choose to consult a solicitor before or during mediation. A solicitor can explain how the law applies to your situation, highlight what a fair outcome may look like, and check any draft agreement before it’s finalised. This is especially important if you are dealing with complex finances, pensions or property issues. 

Ultimately, it’s your choice. Mediation can work without a lawyer present, but most people benefit from having legal advice in the background. The mediator is there to help you find common ground, and the lawyer is there to ensure your rights are protected. Together, the two roles can make the process smoother, less stressful and more likely to result in a fair, lasting agreement.

A mediation agreement itself isn’t automatically legally binding. Mediation works on the principle of voluntary cooperation, meaning the two of you reach a mutual understanding of what’s been agreed. 

This might take the form of a written “memorandum of understanding” or a parenting plan, depending on what’s been discussed. 

For the agreement to carry legal weight, you’ll usually turn it into a Consent Order (for financial matters) or a legally recognised Child Arrangements Order (for parenting issues). A solicitor can draft this order and submit it to the court for approval. Once sealed by a judge, the terms become legally enforceable. 

If you don’t want to take this extra step, the agreement remains informal. While most people stick to what they’ve agreed in mediation, because they’ve had a hand in shaping it, either party could walk away from it without legal consequences. 

That’s why legal advice and formalisation are recommended, especially where money, property, and arrangements for children are involved.

In most family law cases, particularly divorce and disputes over children or finances, the court encourages mediation before litigation. 

In England and Wales, for example, you’re usually required to attend a Mediation Information and Assessment Meeting (MIAM) before you can make certain court applications. This doesn’t mean you’re forced into mediation, but the court does expect you to explore it as a first step.

The MIAM is a short meeting where a mediator explains what mediation is, how it works, and whether it might be suitable for your situation. If you decide mediation isn’t appropriate, or if your case involves issues like domestic abuse or child safeguarding concerns, the mediator can sign a form confirming that you can proceed straight to court.

Judges strongly encourage mediation because it tends to be quicker, less adversarial, and more cost-effective than court proceedings. However, you cannot be forced to actually mediate. The law recognises that an agreement only works if both parties are willing participants.  

So while a court can require you to attend a MIAM, and may look unfavourably on a refusal to consider mediation without good reason, you cannot be compelled to negotiate or settle through mediation. The choice to mediate, and stick with it, always remains yours.

In many cases, you can’t simply bypass mediation without a valid reason. 

If you’re applying to court over financial arrangements or child matters, the law usually requires you to attend a Mediation Information and Assessment Meeting (MIAM) first. This is a preliminary session with a mediator to assess whether mediation could help resolve your dispute. 

There are some recognised exemptions. For example, if there’s evidence of domestic abuse, urgency (such as immediate risk to a child), or a previous unsuccessful mediation, you may be able to apply directly to the court. The mediator will confirm these exemptions on the relevant court form. 

If you skip mediation without meeting an exemption, your application may be delayed or rejected until you’ve attended a MIAM. Judges generally want to see that you’ve at least considered mediation before using court time. 

It’s worth remembering that mediation doesn’t mean you give up your right to go to court. If it doesn’t work, or if one party refuses to engage constructively, you can still pursue a legal order. Attempting mediation first often saves time, money and stress – and shows the court you’ve acted reasonably in trying to settle matters out of court.

Yes, it is possible to get divorced without mediation. Mediation isn’t required to legally end a marriage; it’s an alternative dispute resolution process used to sort out the practical arrangements that follow, such as dividing assets or deciding childcare. 

The divorce process itself, particularly under the new no-fault divorce system in England and Wales, is largely administrative and can be completed online. You can simply apply for a divorce, your spouse responds, and the court issues those conditional and final orders to legally dissolve the marriage, none of which requires mediation. 

Where mediation comes into play is when you and your spouse disagree about finances or children. Before you can apply to court to resolve those disputes, you’ll usually need to attend a Mediation before Assessment Meeting (MIAM). That said, if you both reach an agreement independently or one of the exemptions applies, you don’t need mediation. 

So, in short, you can divorce without mediation, but if there are unresolved issues about money or children, the court will expect you to have at least considered it. Mediation isn’t mandatory for the divorce itself, but it often helps couples avoid lengthy and costly court battles over the arrangements that follow.

Yes, you can refuse mediation; it’s a voluntary process, and no one can force you to negotiate if you don’t want to. That said, there are consequences to be aware of. 

In family cases involving money or children, the court usually requires both parties to attend a Mediation Information and Assessment Meeting (MIAM) before applying to court. This isn’t a mediation session itself, but a short meeting to explain how mediation works and whether it might be suitable. If you refuse to attend a MIAM without good reason, the court may question your willingness to resolve matters constructively. 

If you simply choose not to mediate, the case can still proceed to court. However, judges may consider your refusal when making decisions about costs. They tend to look more favourably on parties who have made genuine efforts to settle outside court. 

So while mediation is voluntary; it’s generally in your interests to at least attend the MIAM and consider it. Even if you don’t proceed with mediation, showing the court that you explored your options can put you in a stronger position.

Yes, in most cases, you apply for divorce before dealing with mediation. Mediation isn’t about the divorce itself; it’s about sorting out the arrangements that follow, such as financial settlements or child arrangements. 

The legal process of divorce, especially under the no-fault divorce systems in England and Wales, is relatively straightforward. One or both spouses apply online or by post, the court processes the application, and eventually grants a conditional order followed by a final order. This legally ends the marriage, regardless of whether mediation has taken place. 

Mediation usually runs alongside the divorce process. If you and your spouse disagree about how to divide assets or arrange parenting responsibilities, you’ll be expected to consider mediation before asking the court to decide for you. This usually involves attending a Mediation Information and Assessment Meeting (MIAM) before making certain applications. 

So the order typically looks like this: 

1. Apply for a divorce
2. Begin mediation
3. Finalise any agreements through a court order if necessary 

In short, you start the divorce process first. Mediation is a tool to help resolve the practical issues that arise from separation, running alongside but not replacing the legal process of ending the marriage.