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/
