

How Mediation Works with Divorce
If you are separating or divorcing and need to discuss property, finances, or arrangements for your children, mediation can help you work through each stage in a safe, structured way.
The Divorce Process (No-Fault Divorce)
Since April 2022, the UK divorce process is no-fault, meaning you no longer need to prove wrongdoing by either party.The process begins with the Divorce Application, which can be made solely by one spouse, or jointly by both spouses.
Applications can be submitted online or on paper, and there is a one-off court fee.
If the application is sole, the other spouse is given a chance to acknowledge or respond, though the divorce can still proceed even without a response. After 20 weeks, a Conditional Order is issued.
The Final Order can be applied for at least 6 weeks later. Many couples choose to wait if financial or property discussions are ongoing, so that a Consent Order can be applied for at the same time.
Resolving Property and Financial Matters
If your divorce involves property, pensions, or other financial issues, mediation can help you reach a financial settlement.
Mediation allows both parties to discuss matters directly, in the same space or individually ('shuttle mediation'), with the mediator guiding the process.
Agreements are mutually decided, rather than 'imposed' by the court.
Once an agreement is reached, the mediator prepares a Memorandum of Understanding outlining what has been agreed and an Open Financial Statement showing financial disclosure.
Parties then instruct a solicitor to convert the Memorandum into a Consent Order, which can be submitted to the court for approval without needing to attend.
The Consent Order can only be submitted after the Conditional Order has been issued.
Children
Arrangements for children can be discussed separately from the divorce, but many parents choose to address both children and financial matters in the same mediation process.
Mediation ensures children’s needs are central and agreements can include living arrangements, time-sharing, and communication plans.
Mediation also allows for children's views to be heard directly from the children themselves, when appropriate.
The process helps parents make cooperative, child-focused decisions and is designed to reduce stress and anxiety.
The Mediation Process
1A free call
This initial meeting provides an opportunity to tell us more about your individual set of circumstances. We will guide you through a straightforward and clear set of questions to achieve clarity and focus. There is no cost or obligation at this stage.
2MIAM
The process starts with what’s called a MIAM (Mediation Information and Assessment Meeting).
This covers the basics of mediation and lays out the structure of the sessions and mediation’s fundamental principles. Clients learn more of how the process works and the mediator has the opportunity to explain what can be expected and the legal parameters involved.
These sessions happen individually with clients; providing the opportunity for both parties to talk about how they’re feeling and what it is they hope to achieve via mediation, as well as to identify any immediate worries or concerns.
3Identifying the Issues
This is the first joint session and typically will last an hour and a half. It provides an opportunity for both parties to share their main priorities and concerns.
Some priorities may overlap, while others may differ. The aim is to create a clear agenda and structure for future sessions, helping everyone know what needs to be addressed and in what order.
4Exploring the issues
At this stage, we look in more depth at what is truly important to each party and why. If relevant, the needs or views of children can also be incorporated to ensure they remain central to any outcomes. The goal is for each party to gain a better understanding of the other’s perspective.
5Developing Options
Once the key needs are clear, the parties work together to develop practical and fair options. This stage may involve complex discussions, especially where shared finances or business interests exist. The focus is on finding solutions collaboratively, rather than defending entrenched positions.
6Securing Agreement
Here, proposals and plans are tested and refined to ensure they are realistic and workable in practice. The mediator facilitates balanced discussion, helps explore potential outcomes, and guides the parties in evaluating options. Everyone’s active participation is essential to reach agreements that are fair and mutually acceptable.
7Defining Arrangments
If sufficient progress has been made, the mediator drafts a Memorandum of Understanding summarising the agreements reached. This is then ratified by the parties respective legal counsels, along with their financial statements and captures the essence of what has been decided and can be used as a reference for any matters that require further legal formalisation. It is common for some issues to be resolved in mediation and others through legal advice.
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Cooper Griffin work throughout London, the Home Counties and the South West of England.
Mediation is also avilable online at any time.
