Mediation is Voluntary

Both of you have to be willing to mediate and either of you can stop the mediation process at any time. Increasingly the courts expect families to attempt mediation before litigation begins, but mediation isn’t always suitable, and no-one can be required to mediate.

Mediators are Impartial

The mediator must be impartial between the two of you and does not take sides. Mediators don’t give advice, although they can provide legal information about the law and legal processes. If you want legal advice about what is best for you or the likely outcome of court proceedings, the mediator will encourage you to consult your own solicitor between mediation meetings.

Mediation is Confidential

The information clients share with the mediator is kept confidential with some very limited exceptions, (similar to the exceptions that apply to lawyers, therapists and counsellors). Proposals put forward during mediation cannot be referred to in court proceedings. If you try to mediate but it doesn’t work, the court will never be told why the mediation wasn’t successful.

The Clients are ‘In Charge’

The mediator doesn’t make any decisions; you yourselves work out what proposals you both think you would like to take forward. Your proposals will only become legally binding if you ask your lawyers to create a legally binding agreement.

Source: Family Mediators Association