Mediation is a highly effective way to resolve disputes, even in the most challenging and complex situations. However, it is often misunderstood, and these misconceptions can prevent people from taking advantage of this valuable process. Mediator Laura Bell explores some of the most common myths about mediation and clarifies what you need to know to make informed decisions.
“Mediation is a way to help us reconcile.”
MYTH – One of the biggest misconceptions about mediation is that it is the same as counselling or therapy. This is not the case. While counselling focuses on improving the relationship between two people, mediation is designed to address the practical arrangements that need to be resolved following a separation or divorce. This includes matters such as childcare arrangements, financial settlements, or dividing assets. Mediation does not aim to reconcile relationships but rather to help both parties reach agreements that are fair, practical, and sustainable.
“Mediation isn’t an option because court proceedings have already started.”
MYTH – Even if court proceedings are underway, mediation can still be an effective way to resolve disputes. Unlike judges, mediators do not have the power to impose decisions. However, if both parties are open to negotiation, mediation provides an opportunity to settle matters outside of court. In fact, reaching an agreement through mediation can often bring legal proceedings to an end, saving time, money, and emotional strain. Courts actively encourage mediation as an alternative to litigation, emphasising its potential to achieve mutually agreeable outcomes.
“What we discuss in mediation can be used against me in court.”
MYTH – Another common concern is that compromises made during mediation could later be used in court proceedings. However, this is not true. Mediation discussions are entirely confidential and conducted on a “without prejudice” basis. This means that anything discussed during mediation cannot be disclosed in court. This confidentiality creates a safe environment for open and honest dialogue, allowing both parties to explore options without fear of legal repercussions.
“Couples with a high-value assets shouldn’t use mediation for financial settlements.”
MYTH – Mediation is suitable for all financial circumstances, including those involving high-value or complex assets. Regardless of the size of the marital estate, the mediation process ensures that all financial details are considered, and both parties have the opportunity to reach an informed agreement. In cases where additional expertise is required, the mediator may recommend involving third-party professionals, such as pension specialists, independent financial advisers, or accountants. These experts can provide valuable insights to help both parties understand the full picture and achieve a fair resolution.
“I have to be in the same room as my ex-partner to mediate.”
MYTH – While mediation can involve face-to-face discussions with both parties in the same room, this is not the only option. Mediators offer various formats to accommodate the needs and comfort levels of the participants. Sessions can be conducted remotely, using video conferencing tools, or on a shuttle basis, where the mediator moves between separate rooms for each party. Before mediation begins, the mediator will conduct safeguarding checks to ensure that both parties feel safe and supported. Tailored arrangements, such as separate meeting spaces, help create an environment where both parties can participate fully and confidently.
Why choose mediation?
Mediation is an empowering and cost-effective alternative to litigation. It places decision-making in the hands of the parties involved, rather than relying on a court to impose solutions. This collaborative approach often leads to better outcomes, reduces stress, and preserves a working relationship between the parties – particularly important if ongoing contact is required, such as in co-parenting situations.
For more information or to set up an initial mediation appointment, please get in touch here or call 0800 2800 421.
Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.
