Mediation in Scotland and England & Wales

Because family law differs on either side of the border.

Both journeys below are treated with equal care — mediation is impartial, whichever side of the border you live on. Where decisions about children are involved, the process follows the law of the country where the children live.

We mediate in both jurisdictions — the process differs slightly depending on where you live.

Living in Scotland

There is no compulsory element to family mediation in Scotland, although it is strongly encouraged and supported.
Proposals agreed in mediation can be written up as a Minute of Agreement by your lawyer. Where there is no court action, it is registered with Registers of Scotland and becomes a legally binding contract — no court hearing is required.
If a case is already in court, the agreement can still be recorded in a Minute of Agreement and the case brought to an end, or the court can be asked to approve it so that it takes effect as a court order.
Mediation can be sought at any time or stage. For example, you may already have agreed your financial settlement and just want to use mediation to make arrangements for your children.
Discussions about assets such as property and finances usually focus on what was built up during the period of a marriage.
Sometimes, a Sheriff may order that spouses seeking a divorce do try mediation once a case has reached court. However, people cannot be forced to mediate and it remains a voluntary option.
Legal aid may be available for mediation, but this must be sought initially through solicitors in Scotland who are approved by the Scottish Legal Aid Board. If funding is approved, the solicitor may request mediation is undertaken by Better Mediation.

Living in Scotland

There is no compulsory element to family mediation in Scotland, although it is strongly encouraged and supported.
Proposals agreed in mediation can be written up as a Minute of Agreement by your lawyer. Where there is no court action, it is registered with Registers of Scotland and becomes a legally binding contract — no court hearing is required.
If a case is already in court, the agreement can still be recorded in a Minute of Agreement and the case brought to an end, or the court can be asked to approve it so that it takes effect as a court order.
Mediation can be sought at any time or stage. For example, you may already have agreed your financial settlement and just want to use mediation to make arrangements for your children.
Discussions about assets such as property and finances usually focus on what was built up during the period of a marriage.
Sometimes, a Sheriff may order that spouses seeking a divorce do try mediation once a case has reached court. However, people cannot be forced to mediate and it remains a voluntary option.
Legal aid may be available for mediation, but this must be sought initially through solicitors in Scotland who are approved by the Scottish Legal Aid Board. If funding is approved, the solicitor may request mediation is undertaken by Better Mediation.

Living in England & Wales

The start of the family mediation process is to attend a MIAM (Mediation Information and Assessment Meeting). This meeting assesses suitability for mediation and explores other options where appropriate. You can check out how a MIAM works and what it is for here. Proof of attending this meeting (a signed C100 form) is required if mediation is unsuitable and you wish to apply to Court, or if mediation fails and you decide to apply to Court.
Although a MIAM is usually compulsory, mediation if it starts is always entirely voluntary and you can withdraw at any time.
Sarah Ross is qualified to sign Court forms in England and Wales.
The Family Mediation Voucher Scheme can contribute up to £500 towards mediation which includes negotiations about children. (This voucher can only be used to assist with the cost if mediation starts - not for the costs of the MIAM). Better Mediation is approved by The Family Mediation Voucher scheme.
If you wish the agreements you have made in mediation to become legally binding your legal advisor will draw up a consent order which is then sent into Court for consideration/approval.
Better Mediation cannot offer Legal Aid for mediation costs.

Whatever the jurisdiction, mediation itself does not produce a binding contract. If mediation is about dividing up assets, or you want a written agreement about arrangements for the children, your lawyers are the ones who draw up a binding contract.

We also mediate where one of you is in Scotland and the other in England & Wales — sessions can be held online.

Not sure which applies to you? That's fine — tell us where you live and we'll reply with the steps that apply to you.

Get in touch