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Insight > Divorce and family FAQs > What sorts of family disputes can mediation help with?
Mediation and other methods of Non-Court Dispute Resolution (NCDR)
What sorts of family disputes can mediation help with?
Mediation is most commonly used to resolve family disputes around the financial issues arising from a divorce and/or children issues following separation. Before starting court proceedings about these issues (unless certain exceptions apply) judges will expect each of you to have attended a Mediation Information and Assessment Meeting (a 'MIAM', see 'What is a MIAM?').
Mediation can be used to resolve many family disputes, and certain non-legal issues (for example, how to tell your children about your separation). Mediation is a flexible and bespoke option which can allow you to set your own agenda. It facilitates decision-making but leaves the decision-making itself in your joint hands.
Mediation is unlikely to be suitable in family disputes where there are serious allegations of domestic abuse, where there are allegations that a child is at risk of harm, or in cases where the urgent intervention of the courts is needed (for example, because divorce/financial proceedings might be brought elsewhere, or because a child might be unlawfully taken outside of England and Wales).
Mediation may be unsuitable where there is a power imbalance within the relationship, but this is not always the case. Mediators are trained to ensure that mediation discussions are balanced, but if the imbalance is such that meaningful discussions are not possible, mediation may not be suitable. Mediators assist each person in working out whether mediation is a good option for them at a MIAM.
In these FAQs and answers, we use 'England' as a shorthand for 'England and Wales' because England and Wales share a single legal system. Scotland, meanwhile, is a different legal system and has different rules for many aspects of family law.
We have also chosen to talk about 'marriages' most of the time (which may be between either an opposite or same-sex couple). Unless we say otherwise, what we have said is also true of civil partnerships (which may also be between an opposite or same-sex couple).
These FAQs (and our website more generally) contain general information based on English law as it stands at the date of publication, but they do not constitute legal advice, nor are they tailored to any couple or family's particular circumstances. Whilst we endeavour to ensure it is accurate and up to date, website users should seek appropriate legal advice before taking or refraining from any action based on the content of the website. We would, of course, be willing to assist with this, and you can contact us here.
Any pricing information is similarly general. Our clients' relationship with us is governed by the terms of the engagement letter sent to them at the beginning of their instruction.
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