Home / How can your solicitor assist you with the mediation process?
4th November 2025
Janine Hutson, Senior Associate
When a relationship breaks down, resolving issues around finances, property, and children can be challenging. Mediation offers a constructive and collaborative alternative to going to court.
Understanding how mediation works, and how solicitors and legal professionals can support you through it, can make a significant difference during what is often a difficult time.
Mediation is a voluntary process in which an independent trained professional helps a separating couple resolve disputes which have arisen relating to their property, finances, and arrangements for their children.
The aim of mediation is to reach an agreement without the need for court proceedings to be issued. Mediation is often a less expensive, less stressful, and quicker way to resolve a dispute, rather than by issuing court proceedings.
For mediation to be attempted, both parties have to be happy to enter into the process: it is purely voluntary and you cannot be compelled to attend.
If a separating couple will find it difficult to be in same room as each other or see each other on a video call, it is still possible to attend mediation. The mediator will move between two separate rooms, or video calls, and this process is known as ‘shuttle’ mediation. This may be appropriate and necessary in situations involving high conflict, or high emotions.
Mediation is unlikely to be appropriate in situations where there has been domestic abuse, although it can still be considered as an option with certain safeguards in place. If you have experienced domestic abuse, it would be very important to make your mediator aware of this so that they can properly assess the risks.
You will first attend a Mediation Information & Assessment Meeting (MIAM). This is a meeting between you and the mediator, and your former partner would not be involved at this stage. During this initial meeting the mediator will gain an understanding about your situation and ascertain if mediation is right for you. They will also discuss any concerns you may have about the process. You will be informed at the end of the session whether the mediator thinks that mediation is suitable option for you.
Attendance at a Mediation Information & Assessment Meeting is also required in most cases before you can issue an application to Court, although there are exceptions to this.
Your solicitor can be involved in the mediation process to provide legal advice as it progresses. Some mediators offer a hybrid form of mediation where your solicitor attends the mediation sessions. Alternatively, you can be provided with legal advice between the mediation sessions. Your family solicitor can help you with clarifying your position ahead of the mediation sessions and can also review the financial documentation provided by your former partner. They can also advise you on any offers that are made.
Decisions made in the mediation are not legally binding, but following a successful mediation you can apply to the court for a Consent Order which records your agreement. This document will be legally binding. Your solicitor can assist you with the preparation of this document and the procedure for submitting it to Court.
For more advice on separation and or legal assistance for families please contact the Family Law department on 0161 832 3434 or email info@kuits.com.