Mediation is a method of dispute resolution sometimes used during the divorce process. Mediators focus on resolving family disagreements and can help provide a means of communication between you and your spouse. A mediator can help you to reach an agreement about issues such as childcare and the division of financial assets during a divorce. This blog will explore how much mediation costs; what the process involves and if you can get financial help to pay for a mediator.
How much does mediation cost per session?
Mediation costs an average of £150 – £170 per person, per hour, according to the FMC. Some people are able to complete a Memorandum of Understanding after a few sessions of mediation, but this obviously can vary greatly depending on individual circumstances and how well you are able to communicate with one another.
It is advisable to get a quote from several mediators in order to compare costs before you decide who to use. Remember to look for someone who has specific experience with family law and divorce mediation in order to get the most suitable service for your needs.
How much does mediation cost in comparison to a solicitor?
We will always encourage our clients to go through the mediation process to resolve disputes before resorting to court, which can lead to greater costs for both parties. However, a solicitor will still need to be involved to get the agreement you have drawn up (Memorandum of Understanding, as mentioned above) made into a legally binding Consent Order. Mediation usually helps to reduce the costs associated with divorce by avoiding prolonged negotiation between lawyers or court attendance. At Woolley & Co, Solicitors, we are able to support clients alongside mediation to ensure they fully understand their legal rights, receive tailored advice on financial and child-related matters, and have any agreement formalised properly through a legally binding consent order.
Can my solicitor and mediator work together?
Solicitors and mediators often work in parallel, however a solicitor is unlikely to attend your mediation session with you. Your solicitor can help you to prepare before you attend a mediation session and many people choose to touch base with their solicitor in between meetings to ensure all the important issues are being addressed and discuss whether the potential outcomes make sense from a legal standpoint.
How do I find a mediator?
To find a local, certified mediator, you can search via industry body websites such as the Family Mediation Council or the Civil Mediation Council, which both have online directories.
Can I get financial help to pay for a mediator?
If you qualify for Legal Aid, you may be able to get help to pay for your mediation costs. You can check if you qualify for Legal Aid here, on the Government website.
If you do qualify for Legal Aid, the MIAM and mediation sessions will be free. You may also be able to get financial help for any legal advice you get from a solicitor during the mediation process. If only one of you qualifies for Legal Aid, you will still be able to get the MIAM and one mediation session for free.
The family mediation voucher scheme is also available and designed to support parties who may be able to resolve their family law disputes outside of court. This time limited scheme was set up by the Government in response to Covid-19 to support recovery in the family court and to encourage more people to consider mediation as a means of resolving their disputes. A financial contribution of up to £500 towards the cost of mediation is provided through the scheme. More can be found on the gov.uk website.
Is mediation the right choice for you?
Mediation isn’t right for every couple, but for many, it offers a more amicable, cost-effective way to resolve issues during divorce. It’s especially beneficial when children are involved, as it can help you to maintain a cooperative co-parenting relationship.
If there are concerns around domestic abuse, coercive control, or a significant power imbalance, mediation is unlikely to be appropriate and other legal avenues might be safer and more effective.
Speaking to a legal professional or attending a MIAM is a great starting point. They can guide you through your options, including whether mediation is suitable in your situation.
What does mediation involve?
The mediation process involves a neutral party – usually a professionally trained mediator – helping you and your spouse to come to an agreement about important issues such as childcare. It usually entails having a number of in-person meetings, although these can be carried out online if preferable.
Mediation Information and Assessment Meeting (MIAM)
Your first meeting with the mediator will be a Mediation Information and Assessment Meeting (MIAM). This initial session is where you will discuss your situation, learn about what the mediation process involves and discuss other dispute resolution options before deciding if mediation is the right course of action. If you want to take your case to court, then in most cases, you have to attend a MIAM before making an application.
Do I have to use a professionally trained meditator?
It is not legally required that you use a professionally trained mediator in the mediation process, but it is strongly recommended. Using an unqualified mediator could mean that important details are missed out from the agreement and may lead to problems and delays further down the line.
Is the mediation process legally binding?
A mediator cannot create a legally binding agreement; their job is to help you produce a Memorandum of Understanding (summary of what was agreed), which can then be turned into a Consent Order by a solicitor. The Consent Order process is what makes your agreement official and enforceable in law.
Get a clearer picture of your divorce costs. Speak to an expert today.
Get a better understanding of the costs associated with divorce. Book a free, 30-minute consultation with one of our local legal experts today by calling us on 0800 321 3832 or completing our quick online form.
Judith Buckland
Family law solicitor Wells
