How long does mediation take?
January 2022 | Jane-Louise Burrows
One of the biggest advantages of mediation is that meetings are scheduled to suit you and achieve a resolution well before any court proceedings would have concluded.
When you need to sort out a family dispute you want to know how long it will take to resolve matters. That’s true whether you are applying to the court for a child arrangement order, financial settlement or you are attending family mediation sessions to help you reach a resolution.
At Fullers Family Law, we provide specialist family law advice and family mediation services. We can advise you on how long either court proceedings or family mediation may take.
Initial Discussion
This summary provides general information and does not constitute legal advice on any individual circumstances.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134 or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
How Long Does Mediation Take?
Unfortunately, it’s not that simple to provide a firm answer on how long will mediation take, as it depends on the circumstances. The best answer that we can give is based on the average number of mediation sessions that couples find helpful and your particular issues.
For example, if you are going to family mediation to resolve whether your child has contact on a Saturday or Sunday, we would anticipate that you could reach a compromise through mediation within one or two sessions (each session lasts up to two hours).
It is far harder to estimate how long mediation will take if you are involved in what is referred to as ‘all issues’ mediation which includes reaching an agreement on parenting arrangements after a separation or divorce and a financial settlement.
However it is fair to say that mediation will almost always be a lot quicker than court proceedings, as well as considerably cheaper and less stressful.
You also remain in control of the decisions which are made.
A Family Mediation Council 2019 study of 2161 mediation cases over a 6-month period showed a success rate of 70%.
The Mediation Process
To understand how long mediation takes, it helps to know more about the mediation process and the different steps involved:
- Discussions with your family lawyer to talk about family dispute resolutions and to see if family mediation may be suitable for you .
- Attendance at a mediation information and assessment meeting (MIAM or pre-mediation meeting) with a mediator to gather information and for the mediator to check if there are safeguarding or other issues that rule out mediation. A pre-mediation meeting takes place individually. If the mediator doesn’t think mediation is appropriate, they will sign a form to say so. That form may be required before you or your ex-partner can start court proceedings.
- The first mediation session – at the first mediation session the mediator will explain the ground rules for mediation and explore your individual agendas and what you each want to achieve in the mediation. In some scenarios, a couple can reach an agreement in one session where the issues in dispute are limited. For example, whether there should be a mid-week contact visit or not.
- Subsequent mediation sessions – the number of mediation sessions you will need will depend on the extent and the complexity of the family law issues in dispute. In mediation to reach a financial settlement, you may need several sessions to sort out financial disclosure, to agree on how assets should be valued and the valuation process, and then to look at how assets should be split or to discuss pensions or spousal maintenance.
- A memorandum of understanding (MOU) is prepared by the mediator if you are able to reach an agreement in mediation. You will discuss the progress of the mediation with your family solicitor in between mediation sessions and discuss the MOU with them. If you can't reach an agreement in mediation, you are not bound by the MOU and either you or your ex-partner can start court proceedings.
- Converting the MOU into a court order – if you are able to reach a mediated agreement the next step may be to convert your agreement into a binding court order. Your family solicitor can prepare the court order for approval by a judge. There is normally no need to attend court to get an agreed order.
Is Mediation Working for you?
Mediation may take a while if you need to provide financial disclosure and you are waiting for information about your pension or other assets before you book another mediation session.
There is no point in trying to push the mediation along if you need information before you can reach a resolution. However, if you think your ex-partner is stalling or cancelling sessions to prolong matters, you may need to speak to a family law solicitor about whether mediation is working for you and your alternative options to resolve your family law dispute.
At Fullers Family Law, our family solicitors are experts at advising you on the best way to resolve family law problems and offer support throughout the separation and divorce process.
We can offer pre-mediation meetings and full mediation services with our qualified mediator, or if you are using another mediator we can provide support and legal advice during the process so that you get the right outcome for you.
How Can Fullers Help?
We understand that finding a mediator or solicitor that you feel understands your own specific situation can be a daunting task. So you can book a free callback with us here.
We are a part of the Government's free mediation voucher scheme which contributes £500 towards the cost of mediation. To find out more about the scheme and how to apply, please visit - https://fullersfamilylaw.com/blog/2022/11/free-mediation-vouchers-worth-500-help-reduce-cost-legal-fees
We have also created a series of fixed-price consultation meetings with a full ‘no questions asked’ money-back guarantee promise. These include strategy planning and negotiation skills sessions which can be an excellent preparation for mediation.
For an initial discussion and a no-obligation quote, get in touch with us today by simply calling us on 01234 343134, fill in the contact form below, or email us at enquiries@fullersfamilylaw.com and a member of our team will get back to you.
