Is Mediation Required for Divorce?

The simple answer to this question is – no, mediation is not required for divorce in the UK. However, a couple is generally expected to attend a mediation if they are unable to agree on certain issues regarding property division, financial matters, and child custody.

While mediation is not absolutely necessary, if a couple does decide to go to court, they must attend a Mediation Information and Assessment Meeting (MIAM) before filing certain applications. During this assessment meeting, the mediator will provide information about the mediation process, and the couple will discuss whether mediation is a suitable option for them.

There are, however, exemptions to the requirement to attend a mediation, such as if the application is an emergency or if there has been domestic violence or child protection concerns. 

But before we look deeper into the ins and outs of meditation, it’s important to fully understand what it is and how it works. 

What Is Divorce Mediation in the UK?

In simple terms, a divorce mediation is a process where a skilled, neutral third party, known as a mediator, assists a divorcing couple in reaching agreements on various issues (such as finances or children) as a result of the separation.

The primary goal of divorce mediation is to facilitate open communication and negotiation between the two parties, helping them find mutually acceptable solutions without the need for a court trial.

How Does Divorce Mediation Work in the UK?

In the UK, divorce mediation typically follows a structured process to assist divorcing couples reach agreements on various issues.

This is how divorce mediation works:

1. Attend a Mediation Information and Assessment Meeting (MIAM)
2. Select a mediator
3. Attend the sessions
4. Agreement & legal advice
5. Legal documentation

1. Attend a Mediation Information and Assessment Meeting (MIAM)

An initial MIAM meeting is required before a couple try mediation. This initial meeting involves meeting with a trained mediator who will provide information about mediation and assess whether it is an appropriate option for the couple. 

Many divorce solicitors will recommend mediation as a solution if both individuals seem amicable and open to resolving the issues and proceedings quickly and without the unneeded stress of litigation.

At Harding Evans, our team of specialist divorce solicitors will help and support you all the way through your divorce, from the start to the very end. Get in touch with our friendly and sympathetic team today.

2. Select a Mediator

If both parties decide to proceed with mediation, they will then need to choose a qualified and trained mediator. As mentioned above, the mediator is there to facilitate the communication between the separated individuals and support them in negotiating various agreements.

Some things to consider when choosing a mediator include:

• Qualifications/training – Ensure that the mediator chosen is fully qualified and has received proper training in mediation.
• Experience – Does the mediator have a good amount of experience? An experienced mediator is much more likely to navigate complex issues effectively.
• Neutrality – Ensure that the mediator is 100% committed to maintaining impartiality throughout the mediation process.
• Accessibility – Consider the mediator’s availability and accessibility. A mediator with good availability can help keep the process moving forward smoothly.

3. Attend the Sessions

Typically speaking, individuals will attend mediation sessions without their divorce solicitors in the room, but solicitor assisted mediation is an option.

Most couples often need between 2-4 mediation sessions. As the minimum length of time it takes to get divorced is around 6 months, this gives plenty of time for issues relating to finances and children to be agreed, before the couple are legally divorced.

While mediators can’t give legal advice, it’s their job to explain what’s legally possible and how other couples may have resolved issues in similar circumstances.

The mediator helps keep the discussions focused, and ensures both individuals have an opportunity to express their views on each matter. 

4. Agreement & Legal Advice

If the couple reaches agreements on all relevant issues through mediation, a memorandum of understanding or a mediation summary will be drafted by the mediator. 

This is a document that outlines the agreed-upon terms, and each individual may choose to seek legal advice before finalising the agreements, to ensure they fully understand the implications of the agreements.

5. Legal Documentation

Once the individuals have reached agreements, they can use the mediated agreements as the basis for legal documents, such as a Consent Order. A consent order is a legally binding document issued by the court, detailing how a couple’s joint assets are to be divided and will cover topics like property, savings, money, investments and pensions.

The legal documents are then submitted to the court for approval, and once approved, they become legally binding. 

The Role of Your Divorce Solicitor in Mediation

Divorce solicitors and mediators often work hand in hand. While solicitors rarely attend mediation sessions themselves, they will help individuals prepare for the mediation, advise them on their legal position and how a judge might approach things if called upon to do so. 

Both individuals will need legal advice as to what amounts to a fair outcome and all the issues that need to be addressed at the end of a marriage. The mediator cannot give this legal advice as their role is to simply allow both parties to set out their position with the goal of reaching a mutual agreement.

As mentioned previously, if the separated couple can reach an agreement, they can go back to their respective solicitors to formalise this so a document can be sent off to court to be made legally binding.

We hope this blog has helped your understanding of divorce mediations in the UK. Check out our related articles such as ‘How to start preparing for a divorce’ and ‘How does the divorce process work in the UK’ for additional divorce support. 

And for more legal tips, our law blog is regularly updated with articles surrounding clinical negligence, residential property, wills & probate and much more. 

At Harding Evans, our divorce solicitors in Cardiff and Newport are experts in all aspects of divorce. Get in touch with a member of our friendly team today to determine your next steps.