Mediation is a process whereby a trained mediator will help a divorcing or separating couple agree arrangements for children and/or a financial/property settlement. The mediator will try to guide the parties in the right direction and will seek to ensure that neither party tries to bully the other into agreeing to unfavourable terms. If one party persists in such behaviour, then the mediator will bring the process to an end.
Note that mediators are not necessarily lawyers but, even if they are not, their training includes a knowledge of the law. However, some non-lawyer mediators may have insufficient knowledge if the case involves complex issues. On occasion, a non-lawyer mediator may not prevent the parties from reaching an unfair settlement or a settlement that is incomplete or includes terms that cannot legally be implemented. If this occurs, the matter will be picked up either by one of the parties’ lawyers if that party takes legal advice upon the terms of the settlement, or by the court – see below.
Mediation is purely voluntary. Accordingly, you cannot go to mediation unless your spouse agrees. Furthermore, either party may withdraw from the mediation process at any time.