In 2013 “nearly two thirds of couples who attended a single mediation session for a child dispute reached a full agreement. Almost seven out of every ten couples who opted for mediation reached an agreement.”
Source: Ministry of Justice 20 August 2014
Mediated (legal Aid) cases | Non-mediated (legal aid) court cases | |
Average cost | £535 | £2,823 |
Average duration | 110 days | 435 days |
Source: National Audit Office/FMA
Legally aided mediation cases tended on average to cost less than those where mediation had not been tried
AVERAGE FUNDING PER PERSON OF CASE IN WHICH MEDIATION HAS BEEN TRIED £ | AVERAGE FUNDING PER PERSON OF CASES WHEN MEDIATION HAS NOT BEEN TRIED £ | AVG ‘SAVING’ OF MEDIATED CASES ON NON-MEDIATED CASES
£ |
|
CASES INVOLVING CHILD ISSUES | 726 | 1,746 | 1,021 |
CASES INVOLVING FINANCIAL ISSUES | 711 | 1,510 | 799 |
CASES INVOLVING CHILD AND FINANCE ISSUES | 785 | 1,743 | 958 |
ALL CASES | 752 | 1,682 | 930 |
Source: National Audit Office analysis of Legal Services Commission data 2007
PRINCIPLES OF MEDIATION
There are four core principles governing family mediation:
- Mediation is voluntary.
- Mediation is confidential, except where there is risk of harm to a child or vulnerable adult or where the court requires disclosure. (See Data Protection)
- Mediators are impartial; they facilitate negotiation towards settlement and have no vested interest in the outcome.
- Decision making rests with participants in mediation.
Underpinned by:
- Suitability and safety.
- Respect for individuals and cultural diversity.
- Child focus.
- Mediator competence.
Mediation is NOT:
- Reconciliation
- Counselling or therapy
- A substitute for legal advice
- An opportunity to impose views upon the other party to the mediation
- An opportunity to abuse or bully participants to the mediation process
- Legally binding
- Imposed
Source: FMA
More detailed information on Using Mediation to Help You Separate is available from the Citizens Advice Bureau.
Or the Family Mediators Association website: https://thefma.co.uk/about-family-mediation/