Produced in partnership with Suzanne Kingston of Mills & Reeve

The following Family practice note produced in partnership with Suzanne Kingston of Mills & Reeve provides comprehensive and up to date legal information covering:

  • Mediation—process
  • How the mediation process works
  • Third parties
  • Acting for a party in mediation
  • Glossary

This Practice Note details the process of mediation and issues to be considered by the parties' solicitors prior to, during and after the mediation process. It considers preliminary information, the intake session, a memorandum of understanding and the involvement of third parties in mediation and includes a glossary of commonly used terms and their meaning.

How the mediation process works

The general process for mediation is:

  1. the clients choose mediation and decide what type of mediator they wish to instruct and the type of mediation model they wish to undertake—see Practice Note: Mediation—introduction

  2. the parties approach a mediator (potentially via their own lawyers) who then engages with the couple by way of a three-way email setting out how they propose to undertake the mediation

  3. often the mediator will send a preliminary information form (see Precedent: Mediation preliminary information form BFLS 6E [21003]) to the parties for them to complete and return—this is the only confidential document in the mediation and it allows the parties to set out their own individual views of the elements in dispute and to request a separate short meeting ('intake session') at the beginning of the mediation to see whether or not mediation is the right process for them

  4. at the intake session the parties will each be offered the opportunity to see the mediator for approximately 30 minutes on their own

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