Starting the journey of separation or divorce can feel like stepping into uncharted territory. Understandably many people prefer to avoid the emotional upheaval, uncertainty and high costs associated with traditional court proceedings, with the help of family mediation lawyers.
Mediation offers a less stressful, more cost-effective and constructive alternative, allowing you and your ex-partner to set your own agenda and resolve issues at your pace.
While it isn’t right for everyone, particularly in cases involving domestic abuse or when one party is unwilling to negotiate, mediation offers considerable advantages.
If you’re unsure about mediation attending a Mediation Information and Assessment Meeting (MIAM) can help you understand your options and decide if mediation is right for you. In most cases, it is necessary to attend a MIAM before you can make an application to the court.
At Thomas Mansfield Family Law, our team includes highly experienced and accredited mediators and collaborative lawyers, offering expert alternatives to traditional court proceedings.
All our solicitors are members of Resolution, an organisation committed to promoting constructive, non-confrontational approaches to resolving family law disputes.
Our excellence in family law is recognised by Legal 500 and Chambers & Partners, independent legal directories that assess firms based on client and peer feedback.
With offices across London and the South East, as well as remote options, we provide the support you need, wherever you are.
Family mediation lawyers provide a platform for both parties to negotiate the terms of their divorce in a less adversarial environment.
Mediation can cover financial arrangements such as spousal maintenance division of property and pensions. It allows both parties to openly discuss their financial needs and obligations working together to agree on a fair distribution of assets.
When children are involved, family mediation lawyers focus on creating arrangements that prioritise their well-being. This includes deciding where the children will live how much time they will spend with each parent and how decisions regarding their upbringing will be made.
Mediation is not just for married couples. It can also help unmarried couples resolve disputes over finances property or child arrangements after a relationship breakdown. This includes deciding how jointly owned assets should be divided or managing financial obligations.
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Our friendly team is looking forward to hearing from you and understanding your concerns and objectives. If we can’t speak with you straight away we’ll arrange a convenient time to discuss your case.
Our experienced family mediation lawyers will listen and guide you through your options.
What is the best way of preparing for arbitration, collaborative law or mediation sessions?
Preparation makes a big difference. Gather the key documents - especially anything financial - and think carefully about what you want to achieve. It also helps to be open to compromise and keep conversations respectful, even when emotions are running high. Speaking to your solicitor beforehand can clarify your legal position and give you a clear strategy, so you walk into the session feeling confident and ready.Speaking to your solicitor beforehand can clarify your legal position and give you a clear strategy, so you walk into the session feeling confident and ready.
What happens if one party doesn’t comply with an out of court decision?
It depends on the process. Agreements reached in family mediation or collaborative law aren’t legally binding unless they’re turned into a consent order approved by the court. Once that happens, the court can enforce the terms if someone doesn’t comply.Arbitration is different: the arbitrator’s decision is legally binding from the outset and enforceable like a court judgment. If one side ignores it, legal action can be taken - sometimes with financial penalties. Your family arbitration solicitor can explain your options if this becomes an issue.
How can arbitration help with divorce or separation?
Arbitration is a private way of resolving disputes. You and your partner appoint an arbitrator, who acts much like a judge, to make a decision on finances or child arrangements. It’s often faster and more flexible than going through the courts, and it avoids the delays - and publicity - that court cases can involve.For many couples, arbitration provides a clear outcome in a quicker, more discreet setting.
What is collaborative law in divorce proceedings?
Collaborative law means both you and your partner - and your solicitors - commit to resolving everything outside court. You’ll attend a series of face-to-face meetings, working together to agree on finances, property, and child arrangements.A key feature is that if the process breaks down, the solicitors involved can’t go on to represent you in court. That rule helps keep everyone focused on reaching an agreement.
Can a divorcing couple use the same solicitor?
Yes. Increasingly, couples are choosing the ‘one couple, one lawyer’ approach. This works best when both partners are broadly in agreement and want an amicable process. The solicitor provides neutral guidance and helps ensure everything is handled fairly. If major disagreements arise, though, separate legal advice may still be needed.
Can out of court approaches be used to address child arrangements & support?
Absolutely. Mediation, arbitration, and collaborative law can all be used to decide where children live, how much time they spend with each parent and the financial support they receive. These processes give parents more control, encourage cooperation and focus on the child’s best interests - often producing more practical solutions than a court might impose.
Are agreements reached through arbitration, mediation, and collaborative law legally binding?
Arbitration awards are legally binding straight away. Mediation and collaborative law agreements only become binding once they’re formalised in a court-approved consent order. Your solicitor can make sure this step is taken so there’s certainty and enforceability going forward.
How does mediation work in divorce or separation cases?
Mediation involves sitting down with a trained mediator, who helps you and your partner talk through issues like money, property and arrangements for your children. The mediator doesn’t take sides but helps keep discussions focused and constructive.Mediation is usually quicker, less stressful and less costly than going to court. Any agreement you reach can later be made legally binding through a consent order.
Arrange a confidential chat with one of our expert family law solicitors today.
Please note we cannot offer legal aid.
