What is mediation
Mediation is a voluntary, confidential process in which separating couples are supported by an impartial mediator to resolve issues relating to children, finances, and future arrangements.
At Barclay Devere, mediation is conducted within a structured, suitability-led framework, designed for cases where clarity, proportionality, and procedural discipline matter.
The purpose of mediation
The purpose of mediation is to assist participants to reach their own informed decisions. To achieve this, our mediators do not impose outcomes or provide legal advice. Rather, they facilitate a space where you can address:
Mediation may address:
- Arrangements for children
- Financial matters, including property and pensions
- Ongoing communication and future decision-making
Participation is voluntary at all times, and mediation may be paused or brought to an end if it is no longer appropriate.
The mediation process
1. Initial enquiry
An initial enquiry allows us to explain mediation in general terms and identify whether a Mediation Information and Assessment Meeting (MIAM) is required.
2. MIAMs and suitability assessment
The mediation process begins with an initial enquiry. Following this, each participant attends a MIAM to assess suitability. If mediation is deemed appropriate, the sessions then move into the joint mediation phase. Finally, where proposals are reached, these are recorded on a without-prejudice basis.
The MIAM:
- explains mediation and alternative dispute-resolution options
- assesses suitability and safety
- considers whether mediation is appropriate in the circumstances
Attendance at a MIAM does not oblige anyone to proceed to mediation.
(Full detail is set out on our MIAMs & Assessment page.)
3. Mediation sessions
If mediation is assessed as suitable and both participants agree to proceed, joint mediation sessions may take place.
During mediation, the mediator will:
- manage the process and agenda
- assist participants to identify issues and options
- promote informed and balanced discussion
Mediators remain neutral and do not give legal advice or predict court outcomes.
4. Reaching proposals
Where proposals are reached, these are recorded on a without-prejudice basis.
Mediation does not create legally binding agreements. Participants are strongly encouraged to seek independent legal advice before relying on or formalising any proposals.
Confidentiality and disclosure
Mediation discussions are confidential. However, it is important to note that financial disclosure is provided on an open basis. Consequently, this information may be used in subsequent legal proceedings if required.
Financial disclosure is provided on an open basis and may be used in subsequent legal proceedings if required. These boundaries are explained clearly before mediation begins.
When mediation may not proceed
Mediation is not suitable for every situation.
If mediation is assessed as unsafe, unfair, or inappropriate—either at the outset or during the process—it will not proceed or will be brought to an end.
Further information is available on our Safeguarding & Safety page.
Next steps
For information on statutory requirements and assessment meetings, see MIAMs & Assessment.
For safety and suitability considerations, see Safeguarding & Safety.