Warner Goodman Solicitors banner
News and Events

Family Mediation Week - Frequently Asked Questions

View profile for Sam Miles
  • Posted
  • Author

Over the years, we've helped many families navigate the complexities of separation through the robust family mediation process.

As part of Family Mediation Week and to help separating couples better understand the family mediation process, we have compiled a list of frequently asked questions from past clients, addressing common queries that arise before and during Mediation.

How do you get the best outcome in Mediation?

  1. Attitude adjustment is one of the most important aspects that you can do to help ensure you reach a successful conclusion in family mediation.
  2. Prepare, prepare, prepare - Plan and prepare for your Mediation to help ensure the sessions work towards a smooth and effective resolution.
  3. State your case clearly and keep emotion out of the mediation sessions.
  4. Be flexible and listen to what the other party and Mediator say.
  5. Be patient and trust the process.

I've already tried Family Mediation, and we didn't reach a decision we were both happy with. Why would it be different with you?

Your previous Mediator may have been inexperienced or didn't have the right skills or training to understand your particular circumstances. You and your partner may not have been in the right place emotionally or financially to allow Mediation to work.

It's crucial to source a Resolution-trained and experienced Mediator so they have the personal skills and the experience to help you resolve disputes that may not have been possible in the past.

I shouldn't have to compromise, so how will Mediation help?

Every relationship is about give and take; your partner is likely just as absolute in their wishes. This is why you have come to family mediation, as you can't agree on a solution.

Family Mediation will allow you to express your views and wishes in a safe and calm environment. Mediation is designed to get you talking constructively and help you and your partner understand the situation from an impartial perspective. With the help of a family mediator, you can consider options you may not have thought of before.

Do I need legal advice for Mediation?

All good mediators will remind you that they cannot give you any legal advice, only information. They will suggest that you see a solicitor to get independent legal advice to make sure you can make informed decisions about your case along the mediation journey. You can use Mediation to discuss anything you want.

We can't have a conversation without arguing. How will Family Mediation help?

Mediation will help by giving you the time to have your say without interruption from the other party. The Family Mediator can set ground rules about how each of you will speak to each other and what language may or may not be acceptable. It's normal for separating parties to carry their frustrations, fears and worries into Mediation, which can spill over into raised voices and arguments. Sometimes, this is healthy, but if the Mediator feels the arguments are not helpful or if one party is being bullied or intimidated, the Mediation may need to stop. You will not be forced to endure a situation you feel uncomfortable or unhappy with.

We have agreed on arrangements, but my ex hasn't followed the plan. Can Family Mediation help?

It may be that your ex wasn't entirely supportive of the agreements made in the past, so it was inevitable that they wouldn't see them through in the long term. Family Mediation will ensure an arrangement is made that both parties agree to. After participating fully in the Mediation, most proposals are carried through and implemented long-term.

Not only this, but by using a qualified Mediator, they will ensure that your agreements can be converted into legally binding and enforceable arrangements underpinned by a court order.

I struggle to stand up to my partner, and I'm concerned my opinion won't be heard.

The key to Family Mediation is letting both parties have their fair say and, most notably, having their words heard and considered. We ensure that neither party can dominate the discussions. A mediator to create a neutral and calm environment can help the dominant party evaluate their actions and encourage positive communication.

Will it be held against me if I do not attend Mediation?

Mediation is voluntary, and nobody will make you attend against your wishes. If you or the other party do not attend, then it is likely that the court will question why you didn't participate in the proceedings.

When should Mediation not be used?

Sometimes, a dispute may be incapable of being negotiated. There may be extreme conflict and an imbalance of power between the parties, which the Mediator cannot redress, where one or both parties feel coerced to attend. If Mediation fails to resolve a dispute, we recommend seeking other forms of conflict resolution rather than attempting Family mediation multiple times. 

Get in touch

If you have a question about Family Mediation that we haven't covered in this article, please get in touch with our team on 023 8063 9311 or email enquiries@warnergoodman.co.uk