Mediation
A constructive alternative to court proceedings, helping families resolve issues in a supportive and collaborative environment
Helping Families Find a Positive Path Forward
Separation and family disputes can be one of life’s most challenging experiences. Whether you are making arrangements for your children, discussing finances, or planning for the future, it can often feel overwhelming.
Family mediation provides a constructive alternative to court proceedings, helping families resolve issues in a supportive and collaborative environment.
By encouraging open communication and practical problem-solving, mediation can help you reach agreements that work for everyone involved, particularly any children.
What is Mediation?
Family mediation is a voluntary process in which an independent, professionally trained mediator helps separating couples and family members discuss and resolve disputes relating to children, finances, property and other family matters.
Unlike court proceedings, where a judge ultimately makes decisions for you, mediation allows you to retain control over the outcome. The mediator does not take sides, offer legal advice, or make decisions on your behalf. Instead, they help facilitate discussions, identify areas of agreement and support both parties in finding practical solutions.
The Government and family courts place significant emphasis on family mediation as a way of resolving disputes without the need for litigation. In many family law cases involving children or finances, individuals are required to attend a Mediation Information and Assessment Meeting (MIAM) before making an application to the court, unless a recognised exemption applies.
The aim is simple: to help families resolve disputes more quickly, with less conflict, lower costs and better outcomes for the future.
Why Choose Mediation?
When relationships break down, finding a constructive way forward can make all the difference. Mediation offers numerous benefits for separating couples and families:
- You stay in control of the decisions that affect your family.
- Children remain the focus, helping parents create arrangements that prioritise their wellbeing.
- Faster outcomes than many court proceedings.
- Lower costs compared to contested litigation.
- Reduced stress and conflict through constructive, guided discussions.
- Private and confidential conversations away from the courtroom.
- Flexible solutions tailored to your family’s circumstances.
- Improved communication between parties.
- Preservation of important relationships, particularly where co-parenting is involved.
- Future-focused outcomes that help families move forward with confidence.
Mediation is not about deciding who is right or wrong. It is about finding practical solutions that enable families to move forward in a way that works for everyone involved.
The Mediation Process
While every family’s circumstances are different, the mediation process typically follows a clear and structured pathway designed to help parties reach practical and lasting agreements.
Step 1: Initial Enquiry
The process begins with an initial conversation to discuss your circumstances and determine whether mediation may be suitable for your situation.
Step 2: Mediation Information and Assessment Meeting (MIAM)
Each party attends a separate confidential meeting with the mediator. During this meeting, the mediator will explain the process, assess suitability, understand the issues involved and answer any questions you may have. In many family law cases, attendance at a MIAM is required before a court application can be made.
Step 3: Mediation Session(s)
If both parties agree to proceed, joint mediation sessions will be arranged.
Issues commonly discussed include:
- Child arrangements
- Parenting plans
- Financial matters
- Property and housing arrangements
- Communication between parents
- Future co-parenting responsibilities
The mediator facilitates constructive discussions, ensures both parties have an opportunity to be heard and helps explore potential solutions.
Step 4: Reaching an Agreement
Where agreement is reached, the mediator can prepare documentation setting out the proposals discussed, providing a clear record of the arrangements agreed.
Step 5: Formalising the Agreement
Parties can then seek independent legal advice and, where appropriate, agreements can be converted into legally binding court orders.
The number of sessions required will vary depending on the issues involved, but many families find that mediation enables them to resolve matters significantly more quickly than traditional court proceedings.
What Happens During Mediation?
Mediation sessions are designed to create a safe, respectful and impartial environment in which both parties can discuss the issues that matter most.
During mediation, the mediator will:
- Help identify the issues that need to be resolved.
- Facilitate productive and respectful discussions.
- Ensure both parties have an opportunity to express their views.
- Explore possible options and solutions.
- Encourage practical agreements that meet the needs of those involved.
- Keep the welfare of any children at the centre of discussions.
Sessions can take place in person, online, or through shuttle mediation where parties remain in separate rooms and the mediator moves between them.
You do not have to meet, or come into contact with the other party if you do not wish to.
Costs of Family Mediation
When relationships break down, finding a constOne of the most common concerns following separation is the cost of resolving disputes. Family mediation is generally a far more cost-effective option than contested court proceedings and can often help families reach agreements with substantially lower legal costs.
The overall cost of mediation will depend on factors such as:
- The complexity of the issues involved.
- Whether children, finances or both are being discussed.
- The number of sessions required.
- Whether financial disclosure is needed.
- Whether agreements need to be formally documented.
At BHP Law, we believe in complete transparency. We will discuss likely costs with you from the outset, ensuring that you understand the process and can make informed decisions about how you wish to proceed.
Funding and Financial Assistance
Some individuals may be eligible for Legal Aid assistance. There may also be Government support available through the Family Mediation Voucher Scheme, which can contribute towards mediation costs in eligible cases.
For many families, mediation proves to be a valuable investment in achieving a quicker, less stressful, less costly and more constructive resolution.
What If Mediation Doesn’t Work?
Whilst mediation is highly successful for many families, it is not suitable for every situation and does not always result in a full agreement.
Sometimes parties are unable to reach agreement on every issue. In other cases, the mediator may conclude that mediation is not appropriate given the circumstances of the dispute.
However, mediation is rarely wasted.
Even where a full settlement is not achieved, mediation can often:
- Narrow the issues in dispute.
- Resolve some matters whilst others remain outstanding.
- Improve communication between the parties.
- Help each person better understand the other’s position.
- Reduce the time and costs associated with future legal proceedings.
Where mediation does not lead to a full resolution, our experienced Family Law Team can advise on the alternative options available, including solicitor-led negotiation, collaborative law, arbitration or court proceedings where necessary.
Is Mediation Right for Everyone?
Mediation may not be suitable where there are concerns regarding domestic abuse, safeguarding issues, coercive or controlling behaviour, or where one party is unwilling to engage in the process.
Our team will always take the time to understand your individual circumstances and help you determine the most appropriate route forward.
Meet Emma Canham
Senior Associate & Family Mediator
At BHP Law, our family mediation services are led by Emma Canham, Senior Associate and Family Mediator.
Emma combines extensive family law experience with a calm, practical and empathetic approach to help families navigate difficult conversations and reach constructive solutions outside of the court process.
As a mediator, Emma’s role is not to take sides or make decisions for you. Instead, she provides a safe, neutral and supportive environment where both individuals can be heard, explore options and work towards mutually acceptable outcomes.
Emma can assist with a wide range of family matters, including:
- Child arrangements and parenting plans
- Communication between separated parents
- Financial discussions following separation
- Property-related matters
- Future co-parenting arrangements
- Resolving disputes without court intervention
Emma is passionate about helping families reduce conflict, preserve important relationships and achieve practical outcomes that place the needs of children first.
Whether you are considering separation, experiencing difficulties following a relationship breakdown or looking for a more constructive alternative to court proceedings, Emma can help you explore whether mediation is the right option for you and your family.
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