Frequently Asked Questions

If any of your questions have not been answered, please contact us

Is the purpose of mediation to help us to get back together?

No. Mediation works with couples who are separating, have already separated, or are in the process of divorcing. It offers you the chance to talk about, manage and resolve issues arising from the breakdown of your relationship. However, sometimes couples do get back together as a result of this process because they have been able to talk things through.

Do I still need a solicitor?

No, however mediation is not a substitute for legal advice and clients are encouraged to consult a solicitor when necessary. If you are divorcing a solicitor will handle the divorce process and advise you regarding your mediation settlement.

Why should I come to mediation? Can’t I just go through my solicitor?

Many people find mediation less stressful. It helps you both to negotiate and make your own decisions about what's right for you. It's also usually quicker and more cost effective than using the solicitor/court route.

Do we always have to come in together?

Not for your initial Mediation Information and Assessment meeting (MIAM) which can be done individually if you prefer. However, mediation is a two way process that involves both parties and therefore all subsequent meetings will need to be attended by you both. (See shuttle mediation if you think this may be a problem for you).

How long is each session, and how many will I need?

The mediation information and assessment meeting (MIAM) lasts about an hour.  The subsequent mediation sessions are booked for 1 ½ hours and the number of sessions required depends on your circumstances, but usually between 2 - 5 sessions.

Do I have to pay?

If you are eligible for public funding (Legal Aid) then mediation could be totally free

If you are not eligible then there will be a charge.  As a not-for-profit organisation we try and keep our fees as affordable as possible and they are generally lower than commercial routes.  Please contact us for more information 01245 49 22 00

 

Why not just go to Court?

The pre-application protocol was introduced in April 2011 which means that anyone wishing to make an application to court for family proceedings will need to be able to demonstrate that they have considered using mediation (other than in exceptional circumstances).

Who will be my mediator? And will we see them every time?

You will be assigned a mediator for your initial Mediation Information and Assessment meeting; we will then endeavour to ensure you see the same mediator throughout the process. For details of all our mediators click here

Is the agreement legally binding?

No, however, the paperwork prepared by the mediator once mediation is complete can be given to your solicitor to be incorporated into a legally binding agreement.

Are you a member of a national recognised organisation?

Yes, Essex Mediation is a member of National Family Mediation (NFM).  NFM is committed to providing high quality mediation to everyone who needs it in all communities throughout the UK. NFM has well established quality assurance standards. Our mediators are carefully selected and trained to a high standard nationally.

NFM is a founder member of the Family Mediation Council, the body which sets and maintains high standards for the profession.

Where can I access additional free information on divorce and separation?

Our mediation service is featured on Wikivorce, the UK's largest Divorce Support Community. Wikivorce offers free support and resources to people going through a divorce or separation. Visit Wikivorce for further information on how Family Mediation could help you.

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