Mediation

Can anyone pls advise on how mediation works. Can mediators make recommendations to the court based on the sessions. Also will a judge look on a parent in an unfavourable light if ive refused to pay the costs for the other parent even if I asked for the mediation. Really feel like I have to pay but I''m struggling already without another £400 for three sessions. Many thanks for any help offered.

Hello,

No mediators don''t make recommendations to the Courts. Mediators help couples who are going through a break-up to reach agreement on key issues such as finances and child contact.

The mediators job is to act as an impartial third party and manage the process, helping you to exchange information, ideas and feelings constructively and ensuring that you make informed decisions. The mediator has no power to impose a settlement - responsibility for all decisions remains with yourselves since you know better than anyone else what is right for your family. The mediator will not advise you about the best option for your children, nor can the mediator protect your individual interest.

At the end of mediation you will usually have achieved a written summary of the proposals you have reached. This is not a legally binding document however. You could have your agreement written into a Parenting Agreement to formalise those arrangements (wikivorce has a free Parenting Agreement available in our library). Research shows that parents who are able to come to their own arrangements are far more likely to adhere to them, compared to those who have arrangements imposed upon them by a Judge.

If you do end up in COurt, the Judge isn''t going to know who has paid for the mediation - and it won''t make a difference to the outcome, as the court''s main focus and concern is what is best for the children. It is possible to receive legal aid for pre-court mediation