Why bother with mediation if it is not legally binding?

The mediation process is designed to help you and your former partner or spouse resolve issues arising from either your separation or (perhaps with child arrangements) ongoing issues that you are both encountering.

As mediation is confidential and “without prejudice” this also means that anything you agree or propose is not legally binding. This can put some people off the mediation process, particularly if they want certainty.

When parties decide to use the mediation process as a method of resolving their family law issues, it is usually because they are both fully committed to the process. It is generally cheaper than other options available, as well as being quicker, more flexible, and amicable.

How does mediation help reaching a settlement?

When mediation is being used to discuss a financial settlement (for example, arising as a result of a separation), once the parties reach a proposal that they could accept as being a final settlement they are always signposted to take legal advice. Although sometimes parties do change their minds or rethink certain options (which they are perfectly entitled to do), on the whole, most people stick to the proposals discussed (or very close to them) during mediation, as long as the legal advice they receive supports this.

Once the parties have taken legal advice, the solicitors can then prepare the documentation to make the proposals discussed in mediation binding.

 Child arrangements are slightly different. As the courts have a ‘no order’ principle (which means that they will not make an order when the parents are in agreement), there is no need for parties to take further legal steps to record proposals they have discussed in mediation, in relation to child arrangements. Some parties like to complete a Parenting Plan and others prefer a less structured approach and simply require a summary of what they have discussed and agreed.

Whatever your family law issue is, mediation is a very effective option for resolving matters and even though it is not legally binding, it is an important step towards amicable resolution of financial and children issues.

If you want to discuss anything in this article, then please contact us.