mediation: frequently asked questions

What is mediation?

Mediation is a confidential and voluntary process where a neutral mediator helps both parties have constructive discussions about issues such as parenting arrangements or finances. The mediator’s role is not to give advice or make decisions for you, but to guide the conversation and provide useful information. The mediator can help you explore options and possible outcomes, drawing on their experience, but the final decisions remain with you.

How does the process work?

Before any joint sessions, each person attends a private intake meeting (sometimes called a MIAM). These meetings are confidential and give the mediator a chance to understand your situation, ex

plain how mediation works, and check that it’s suitable for your circumstances. If mediation is appropriate, you’ll then move on to joint sessions where both parties meet with the mediator together. These sessions usually last about 90 minutes, and you may need four or five sessions to cover everything—such as arrangements for children, finances, and future plans. At the start of the first joint session, you’ll sign an Agreement to Mediate, which sets out the terms of the process.

How long does it take?

Mediation is flexible. While sessions are typically 90 minutes, they can be shorter or longer depending on your needs. Some people prefer longer sessions to make faster progress. The overall process often takes a few months, especially if financial disclosure is involved, but it can run alongside divorce proceedings.

Can I bring a lawyer with me?

Yes, you can. This is called lawyer-supported mediation. Your lawyer can attend sessions and sign the Agreement to Mediate. The mediator will still ensure the process remains balanced and client-led. There’s also a form of mediation called Hybrid Mediation, where the mediator can keep certain information confidential rather than sharing everything with the other party. Peter Burgess is trained in hybrid mediation.

What if I don't want to be in the same room as the other person?

That’s absolutely fine. We can arrange “shuttle mediation”, where you and your partner are in separate rooms (or separate Zoom calls) and the mediator moves between you. This can take a little longer, but it’s a good option if direct discussion feels too difficult.

Is the outcome legally binding?

Not automatically. Agreements reached in mediation are written up by the mediator and can then be formalised through your solicitors. Most people stick to what they’ve agreed because they’ve shaped the outcome themselves, but legal advice is always recommended before making it binding.

What about costs?

Mediation is generally much less expensive than going to court or negotiating through two separate lawyers. You pay for the mediator’s time in sessions and any work they do between sessions, such as reviewing documents or preparing summaries. If two mediators are involved (co-mediation), we offer a blended rate so it’s only slightly more than using one mediator.

Why choose mediation?

  1. Control: You make the decisions, not the court.
  2. Creative solutions: Mediation allows for flexible outcomes tailored to your family's needs.
  3. Cost and speed: It's usually quicker and more affordable than litigation, which can drag on for months or even years.

Will I need to provide financial disclosure?

Yes, if you’re discussing finances. Both parties need to share full and frank financial information, so decisions are fair and informed. There are different ways to do this, and mediation gives you flexibility to choose the approach that works best for you.

What is co-mediation?

Co-mediation means two mediators work together with you. This can help if there’s a power imbalance or complex issues. Having two professionals brings different perspectives and can make the process feel more balanced and supportive. Sometimes experts—such as family therapists or financial advisers—join sessions to help resolve specific issues quickly and effectively.

What happens next?

If you’d like to explore mediation further, contact Burgess Mee Family Law on 020 3824 9950 or email mail@burgessmee.com. We’ll guide you through the next steps and answer any questions you have.

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