What is Mediation?

Mediation is a process by which couples who have decided to separate or to divorce, attempt, with the help of their Mediator, with whom they jointly work, to agree upon the issues arising from their separation or the dissolution of their marriage, in a non-adversarial way, without litigating through their solicitors or the Court.

The parties to the Mediation Process, with the help of their Mediator, negotiate their own terms of settlement on property and financial issues, and — if they have children —are encouraged and assisted in reaching an agreement on issues relating to their children.

Couples who seek to resolve the practical and financial issues which arise from their separation through the Mediation Process are not discouraged from consulting their separate Solicitors for independent legal advice. Each party to the Mediation Process may wish to consult his/her own Solicitor before engaging in the mediation process; or at different stages throughout the process. Once an agreement has been reached, each party will be free to consult his/her own Solicitor to deal with and advise upon the formal legal documentation needed to give effect to the agreement arrived at during the Mediation Process.

If the couple elect not to seek independent legal advice they are free not to do so. Similarly, if, after engaging in the Mediation Process, they wish to initiate Divorce Proceedings (if married) on their own, their Mediator can advise them, if they wish, on how to go about this.