Mediation in a divorce can take as little as a few hours but varies from case to case. How long mediation takes varies and depends on several factors. Some people can come to an agreement after just one mediation session. For others, it may take longer. This blog will answer key questions such as “is mediation quicker than going to court”, “how do I know if mediation is a quicker option for me” and “how do I find a fast mediation service”.
Is mediation quicker than going to court?
Mediation is often quicker than taking your disagreements to court, for the following reasons:
- Faster scheduling: Mediation sessions can be scheduled more quickly than court hearings, which can be delayed due to court backlogs.
- Collaborative process: Mediation focuses on finding a solution through communication and compromise, while court appearances can be more conflict-based and so are more likely to take longer.
- Control over outcome: In mediation, the parties involved have more control over the outcome, as they work together to reach an agreement, unlike court where a judge makes the final decision.
How do I know if mediation is a quicker option for me?
Mediation is often a faster and more cost-effective way to resolve family disputes, but it is not suitable for everyone, particularly where there are complex financial matters or sensitive childcare issues. Before starting mediation, you will need to attend a Mediation Information and Assessment Meeting (MIAM). The mediator will assess whether mediation is appropriate for your situation. In England and Wales, it is a legal requirement to attend a MIAM, or show that you have at least considered mediation before you can issue most family court proceedings.
There are some circumstances where mediation is unlikely to be the quickest or most appropriate route, for example:
- if there has been domestic abuse or violence
- if your spouse or partner refuses to take part in good faith
- if there are complicated financial issues
- if you suspect your spouse is hiding assets or income
In these situations, other options such as solicitor-led negotiation, arbitration, or court proceedings may be more suitable.
How do I find a fast mediation service?
The best way to find a mediator who can help you and your spouse come to an agreement in a timely manner, is to find a qualified one.
Divorce involves dealing with complex decisions and difficult emotions. Professional mediators are experts in communication and will have the skills required to help you navigate disputes as quickly as possible.
Although it can feel like you want to get an agreement drawn up quickly, it is important not to rush the process and ensure that both sides have expressed their views fully. A trained mediator is the best person to help with this.
What is mediation?
Mediation is a way of resolving disagreements with your spouse during the divorce process. It usually involves sitting down with a trained mediator who acts as a neutral party and helps you to reach an agreement about issues like childcare and financial assets. Mediation takes place outside of court and can help smoothen out the divorce process and prevent additional legal costs incurred by going to court.
Mediation costs approximately £150 – £170 per person for an hour-long session, according to the Family Mediation Council.
Prices may vary, so it is worth getting a quote from several professional mediators before you choose. Look for mediators with experience in family law and divorce so you can be sure they understand your requirements.
Usually, the mediator will talk to you and your spouse separately first to hear your perspectives and what you are each hoping to achieve. If appropriate, they may then bring you and your spouse together to talk, with the mediator present. You will then work together to draw up an agreement about how you want to address certain details of your divorce, such as splitting financial assets and making child arrangements. If you prefer to avoid a face-to-face meeting, the mediator can move between you and the other party in separate rooms to help you reach an agreement.
Mediators can’t create a legally binding agreement between you and your spouse. Their role is to help you draw up what is known as a Memorandum of Understanding. This is an official summary of what you and your spouse agreed to during the mediation process and can be converted into a consent order by a solicitor. A consent order is a legally binding document, meaning you must adhere to it, by law.
Trusted mediation sources
To find a qualified mediator in your area, it is recommended you choose someone who is registered with either the Family Mediation Council (FMC) or the Civil Mediation Council. These industry bodies require mediators to meet certain training criteria and adhere to a Code of Conduct to be members. Visit familymediationcouncil.org.uk or civilmediation.org and search their directories to find a qualified mediator near you.
Navigate your divorce with confidence
The best way to ensure your divorce is completed as quickly as possible is to ensure you have expert legal advice, every step of the way. Book a free, 30-minute consultation with us today by calling 0800 321 3832, or completing our quick, online form.
Sue Harwood
Divorce and family lawyer Cornwall
