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What is Family Law Mediation, and how does it work in Scotland?

Divorcing Couples to go Through Mediation Before Court

Family law disputes can be complex and emotionally charged. Mediation can help resolve these collaboratively. 

What is Family Law Mediation?

Mediation is a voluntary process which provides a flexible alternative to help separating couples make decisions about their finances, property and most importantly their children, so that they can move forward in a positive way.

The mediator is a trained neutral specialist whose role is to help facilitate and lead discussions, so that both you of you are given the opportunity to speak and express your views. The mediator does not take sides or make decisions, you are in control of the discussions and any possible solutions. Mediation can take place alongside court action and can be a faster way to resolve matters.

How does Family Law Mediation work?

The process of mediation is confidential. Nothing discussed can be disclosed outside the mediation. First, you and your spouse or partner will appoint an independent mediator who has never dealt with either of you before. If you already have a solicitor, they can help you to choose the right mediator for you. Next, the mediator will meet you both individually, to explain the process and to get some background information from you. Joint mediation sessions with both of you will follow on from that.

The mediator will help you to talk about the issues which you need to sort out. You may have been able to do this easily in happier times but find it harder to do now. The mediator’s job is to ensure that you can speak to each other about the things you need to discuss in a civilised and structured way.

How can Mediation help?

Court action can be a difficult and daunting process. Mediation can help you to keep control over the decisions which you need to make, rather than letting a Sheriff or judge make decisions for your family. It can help you to have a better understanding of your partner’s view of things, and vice versa.

It can avoid the need for a lot of letters to go back and forth between your lawyers. Crucially, it almost always helps to ensure that you can continue to communicate effectively, which is essential for parents. Moreover, through mediation, parties can often find creative solutions that would not be available through litigation.

How much will Family Law Mediation cost?

The cost of mediation will depend on the number of sessions and time that it takes to reach a resolution.  One of the benefits of mediation is that you share the cost of one mediator rather than both having to pay your own solicitor. Our mediators offer fixed fees for the two initial intake meetings and the joint sessions which will follow and we can offer a range of payment options. We will always be clear about the potential costs at the start of the mediation process and as it continues.

At Thorntons, we have a number of recognised Family Law Mediation specialists. If you would like more information about mediation or any other aspect of our family Law services contact a member of our Family Law team on 03330 430150.

About the author

Lucy Metcalf
Lucy Metcalf

Lucy Metcalf

Partner

Family

For more information, contact Lucy Metcalf or any member of the Family team on +44 131 357 1642.