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Separation and divorce are rarely straightforward. When decisions need to be made about your children or your finances, the prospect of court proceedings can feel overwhelming. Family mediation offers a calmer, more constructive path forward, keeping you and your family in control.
At CWJ, our family solicitors support clients through every stage of the mediation process. We do not act as mediators ourselves, but we work alongside you to ensure you understand your rights, that any agreement is fair, and that it can be made legally binding.
Our solicitors can assist with…
Our family mediation solicitors in Orpington support clients with:
- Advising you on your legal position before and during mediation
- Reviewing draft agreements for fairness and completeness
- Identifying issues that may need further consideration
- Drafting Consent Orders to make financial agreements legally binding
- Advising on next steps if mediation is unsuccessful
- Obtaining a Mediation Information and Assessment Meeting (MIAM) certificate, where required for court
Speak to our family mediation solicitors in Orpington, Kent
If you are considering mediation or need legal support through the process, our family solicitors are ready to help. Call us on 01689 887887 or fill in our enquiry form. Based in Orpington, Kent, we support clients across the region, including Bromley and the wider South East.
What is family mediation?
Family mediation is a voluntary process in which an impartial, trained mediator helps separating couples reach agreements about children and finances without going to court. The mediator does not take sides or make decisions; they facilitate constructive dialogue so both parties can find workable solutions together.
Mediation is typically less costly and less adversarial than court, and gives you greater control over the outcome.
When is family mediation appropriate?
Mediation works well for a range of disputes arising from separation, including:
- Child arrangements, such as where children live and how much time they spend with each parent
- Financial settlements, including property, savings, and assets
- Spousal or child maintenance
- Arrangements for unmarried couples separating
If there has been domestic abuse or harassment within the relationship, mediation will not be suitable and you may be exempt from the requirement to attend. Our solicitors can advise on whether mediation is the right route for your circumstances.
The MIAM requirement
Before making most family court applications in England and Wales, you are legally required to attend a MIAM. This is a short individual meeting with a qualified mediator, usually lasting around 45 minutes, in which they explain how mediation works and assess whether it is suitable for your situation.
You do not have to proceed with mediation following a MIAM, but you must attend one (or qualify for an exemption) before the court will accept your application. MIAM certificates are valid for four months. Exemptions include situations involving domestic abuse, urgency, or where the other party has failed to engage.
How family mediation works
If both parties agree to proceed, the process typically follows these steps:
- Individual MIAMs: each party meets the mediator separately
- Joint sessions: you meet together with the mediator to work through the issues
- Agreement: if successful, the mediator produces a memorandum of understanding setting out what you have agreed
- Legal review: your solicitor reviews the agreement and, where appropriate, applies to the court for a Consent Order
The process usually takes six to 12 weeks. Child arrangements may resolve in two or three sessions, while financial matters often take longer.
The family mediation voucher scheme
The government’s Family Mediation Voucher Scheme provides eligible couples with a contribution of up to £500 towards the cost of mediation. To qualify, your case must involve a child arrangements dispute. The voucher is applied directly by your mediator, so there is no separate application process for you to manage.
Benefits of mediation over court
Choosing mediation over court proceedings can make a significant difference to your experience of separation:
- Cost: mediation is generally far less expensive than contested court proceedings
- Speed: most cases resolve within six to 12 weeks, compared to months in court
- Confidentiality: what is discussed in mediation stays private
- Less conflict: the process encourages cooperation, which is especially important where children are involved
- Control: you shape the outcome, rather than having a decision imposed by a judge
Making your agreement legally binding
A memorandum of understanding produced at the end of mediation is not automatically legally binding. For financial agreements, it is important to convert this into a Consent Order, approved by the court. Without a Consent Order, either party could make a financial claim against the other in the future.
Our solicitors will review your memorandum of understanding, check that it is fair, and draft a Consent Order on your behalf.
How our solicitors support your mediation
Our family solicitors in Orpington work alongside the mediation process to protect your interests at every stage. We provide clear legal advice before sessions begin, answer questions between meetings, and review any agreement before you sign. We will also handle the legal paperwork once mediation concludes, including drafting any Consent Order needed to make the agreement binding.
Our family team is ranked in Chambers & Partners and Legal 500, and as members of Resolution, we are committed to resolving family disputes constructively, with the needs of any children at the forefront.
Our solicitors’ fees
At CWJ, we are committed to transparency about fees from the outset. We will provide a full breakdown of likely costs before we begin, with no unwelcome surprises.
You may also be eligible for legal aid depending on your financial circumstances. Our solicitors can advise you on this at your first consultation.
Family mediation FAQs
Do I have to attend mediation before going to court?
In most cases, yes. Before making a family court application, you are required to attend a MIAM unless an exemption applies, such as in situations involving domestic abuse or urgency. The certificate is valid for four months; if proceedings have not been issued within that period, you will need to attend again before making your application.
How much does family mediation cost?
If your case involves a child arrangements dispute, you may be eligible for up to £500 through the Family Mediation Voucher Scheme. Legal aid may also be available if you meet the financial eligibility criteria. Our solicitors’ fees for advising and drafting documents are confirmed at the outset.
How long does family mediation take?
Most cases conclude within six to 12 weeks. Child arrangements disputes may be resolved in two or three sessions, while financial matters involving property, pensions, and assets tend to take longer. Having a solicitor advising you alongside the process helps keep things moving.
Is a mediation agreement legally binding?
Not automatically. The memorandum of understanding records what you have agreed to, but is not enforceable by a court on its own. To make a financial agreement legally binding, it needs to be converted into a Consent Order and submitted to the court for approval. Our solicitors can draft this once mediation concludes.
Can I have a solicitor present during mediation?
Solicitors do not usually attend mediation sessions. However, having a solicitor advising you alongside is strongly recommended. At CWJ, we will explain your legal position before sessions, answer questions in between, and review any agreement before you sign.
What if my ex-partner refuses mediation?
If the other party declines to attend or does not respond, the mediator will issue you with a MIAM certificate confirming mediation was not possible. You can then proceed with a court application. Our solicitors can advise on the best approach and represent your interests if court proceedings become necessary.
Speak to our family mediation solicitors in Orpington, Kent
If you are considering mediation or need legal support through the process, our family solicitors are ready to help. Call us on 01689 887887 or fill in our enquiry form. Based in Orpington, Kent, we support clients across the region, including Bromley and the wider South East.