Mediation explained

What mediation is and how the process works

In mediation, an impartial mediator helps separating couples work through issues about children, finances and future arrangements. The process stays voluntary and confidential throughout.

At Barclay Devere, we run mediation within a structured, suitability-led framework. As a result, the process stays focused, proportionate and procedurally clear.

Most importantly, mediation helps participants reach their own informed decisions. However, mediators do not impose outcomes, give legal advice or predict what a court will do.

Our mediation process creates a calm, neutral setting for informed discussion and practical decision-making.

The purpose

First, mediation helps participants make informed decisions for themselves instead of handing those decisions to the court straight away.

What it can cover

Next, mediation can cover children, financial matters such as property and pensions, and future communication or decision-making.

What it does not do

Finally, mediation manages the process rather than deciding the case. Therefore, mediators stay neutral and do not give legal advice.

The mediation process

Mediation usually follows a clear sequence. Because each stage has a specific purpose, the process stays organised from first enquiry through to any proposals you may reach.

Step 1

Initial enquiry

First, you make an initial enquiry. We then explain mediation in general terms and identify whether you are likely to need a Mediation Information and Assessment Meeting.

Step 2

MIAM and suitability assessment

Next, each participant attends a MIAM. During that meeting, we explain the process, consider alternative routes, and assess suitability, safety and fairness. However, attending a MIAM does not commit anyone to mediation.

Read more about MIAMs and assessment

Step 3

Mediation sessions

If mediation is suitable and both participants choose to continue, joint sessions can begin. In those sessions, the mediator manages the agenda, helps identify issues and options, and keeps discussion balanced and productive.

Step 4

Proposals and next steps

Finally, if you reach proposals, we record them on a without-prejudice basis. Mediation itself does not create a legally binding agreement, so you should then take independent legal advice before you rely on or formalise any proposal.

Confidentiality and disclosure

Mediation discussions stay confidential. However, financial disclosure stays open, so later legal proceedings can use it if necessary.

Therefore, we explain these boundaries clearly before mediation begins, so both participants understand what remains private and what may later support formal legal work.

When mediation may not proceed

Mediation does not suit every situation. If we assess it as unsafe, unfair or otherwise inappropriate, we will not start it or we will stop it.

For that reason, we review suitability throughout the process rather than only at the start.

Read more about safeguarding and safety

Next steps

Find the right route into mediation

For information on statutory requirements and assessment meetings, see MIAMs & Assessment. In addition, for safety and suitability considerations, see Safeguarding & Safety.

If you want to discuss divorce mediation now, call 0330 133 4858 Monday to Friday, 9.00am to 5.00pm. Alternatively, request a call back below.

You can find costs for mediation and related forms here.