What are the benefits of family mediation in divorce?

For example, the couple may wish to ensure there are funds set aside for school fees if private schooling is agreed. An 'all issues' mediation typically covers both finances and children. 

A common misconception is that mediation only works for couples who are on the best of terms. 

Clients can save significant costs and stress by engaging in mediation, and it can also be suited to complex or high-value financial cases. We have mediated cases where the assets have ranged from £1mn to more than £200m.

Regardless of the size of assets involved, it often makes sense to bring a couple’s professional advisers into the mediation meetings, whether company accountants, wealth managers, IFAs or their solicitors, with the intention that everyone has access to the same information and so that the couple can make informed decisions during the process.  

A common misconception is that mediation only works for couples who are on the best of terms. However, mediation can still be used effectively in cases where couples have found it difficult to discuss and resolve matters to date.

Yet some cases are not suitable for mediation and we always see clients for a one-to-one confidential discussion (called a mediation information and assessment meeting) at the outset to consider whether mediation is appropriate.

Sometimes there may be other non-court options that clients can choose instead, such as collaborative law, arbitration or a private financial dispute resolution hearing. 

Is family mediation the same for every case?

One of the main benefits of mediation is that the process is flexible and can be tailored to meet the needs of the individuals and family involved. The traditional family mediation model sees the mediator meet with both clients together (remotely or in person). 

However, mediators can also conduct 'shuttle mediation', where the clients sit in different rooms with the mediator moving between them.

It can be hugely beneficial to have [the client's] adviser attend mediation meetings. 

Co-mediation, where two mediators conduct sessions together, can be suitable for some cases, particularly where clients would benefit from mediators with different professional expertise – for example, a mediator who is also a lawyer and a mediator who is a financial adviser.

Relatively new is 'hybrid mediation', which involves elements of civil mediation and the mediator speaking to each client and their solicitors separately to help explore issues and settlement proposals. In this process, the hybrid mediator is able to hold confidential information (for example, about negotiating positions) in order to help identify common ground.  

Is there a role for financial advisers, wealth planners or other advisers in mediation?

We frequently conduct mediations with clients’ advisers taking an active part. Where clients have the same financial adviser and both parties continue to have a good working relationship with them, it can be hugely beneficial to have that adviser attend mediation meetings. 

This can allow the clients to explore the reality of the various settlement options being discussed. For example, in a recent case where we co-mediated and where the couple had a longstanding relationship with their wealth manager, we involved him in the meetings and also met with him separately to discuss his income projections.

His input was crucial around the discussions about the capitalised sum to meet income needs for life and in relation to the children’s future educational costs.