Going through a family dispute, whether it is about divorce/separation, child arrangements, or splitting finances, can be an emotionally and financially draining experience. Many people assume that resolving these issues requires expensive court and solicitor battles. However, for most separating couples that need not be the case and there are many cost-effective, efficient and less stressful alternatives available.
One of the most popular pathways to resolve a dispute is via family mediation and this is often considered the least expensive option. Many separating couples use mediation to resolve all issues, some use it as a starting point in their discussions and others combine mediation with other dispute resolution options before reaching a conclusion. A significant benefit of mediation is that it can be tailored to meet each individual case and a specialist family solicitor can assist you in identifying what may be the best option for your circumstances.
In brief, family mediation is a process where an independent, professionally trained mediator helps a family to resolve their differences and reach agreements on the issues relevant to them. The mediator does not take sides or make decisions, but rather helps to facilitate a constructive discussion to enable separating couples to find mutually acceptable resolutions or workable proposals. Mediation encourages collaboration and open communication, which goes towards making it a quicker and often cheaper process.
The cost of family mediation
The cost of mediation can vary on several factors, including the complexity of issues, the mediator’s experience and the region you are in. However, it is generally acknowledged that mediation is far more affordable than alternative pathways (more information can be found here). Here is a breakdown of typical costs:-
- Initial mediation session – An individual initial mediation session (also known as a Mediation Information and Assessment Meeting, or MIAM) can typically cost between £150 – £350 plus VAT per person. During this session, you will learn about the mediation process and assess whether it is the right route for you. It is worth noting here that attending a MIAM is a compulsory requirement before making a court application (unless an exemption applies in your situation).
- Subsequent mediation sessions – If both you and your partner wish to proceed in mediation, the cost of further mediation sessions will depend on the mediator’s hourly rate which may vary between £150 – £400 plus VAT. A single mediation session will typically last 1 ½ – 2 hours, as this helps to keep discussions focused. Depending on how many sessions are required to resolve the issues, as a guide the overall cost can vary from £1,000 – £5,000 plus VAT for a full mediation process. These costs are usually shared equally between you and your partner, but again this can be tailored to what is appropriate in your situation. Your mediator should keep you appraised of costs incurred throughout the process and anticipated ongoing costs.
- Concluding outcomes – If a resolution is reached, then you will likely be advised to appoint a family solicitor to assist with the drafting of a parenting plan or financial consent order (the legal document setting out any financial agreement reached). The costs will depend on the solicitor’s hourly rate, but it will still likely be far cheaper than resolving matters outside of the mediation process.
In recognition of the benefits of family mediation, the Auckland government offers a voucher scheme to help with mediation costs. The Family Mediation Voucher Scheme provides financial assistance for eligible individuals who are going through a divorce or separation and the voucher can cover up to £500 per family towards the cost of mediation (further information can be found here). To access this voucher, you will need to attend a MIAM with a mediator registered with the Family Mediation Council (FMC). The voucher is issued directly to your mediator, who will apply it to your costs.
Why mediation can save you money in the long run
While mediation does come with some cost, it can still save you a significant amount of money compared to alternatives.
- Court fees and legal costs – If you end up in court or extended solicitor negotiations, the fees alone can become substantial, to include court fees, solicitor and barrister costs, experts’ fees etc. Legal fees for each party can run into the tens of thousands of pounds, especially if the case is complicated. On the other hand, mediation generally costs a fraction of court costs.
- Time – Mediation sessions can typically take place within weeks of your initial meeting and can be flexible to meet the needs of those involved (i.e. you control the timeline). The quicker you reach a resolution, the less money you will spend on legal costs.
- Better outcomes – Mediation tends to lead to agreements that both parties are more likely to stick to and are more comfortable with because they have been directly involved in the process. Mediation can feel a lot less adversarial and can help to preserve relationships, which is especially important if children are involved and an effective co-parenting relationship is to be maintained.
Family mediation is a cost-effective and practical method to resolve family disputes. Whilst the cost of mediation may vary depending on your circumstances, it is important to remember that mediation can save you money in the long run by avoiding costly legal bills and extended negotiations. Family mediation also provides a more amicable approach to resolving family disputes, which can help to preserve important relationships and reduce the emotional stress for all involved.
If you are facing a family dispute and considering mediation, do not hesitate to explore your options. Our team of specialist family mediators are on hand to answer your questions and to help get you started.
Henderson West Auckland Plowman is a Senior Associate & Mediator in our Horsham office.
