24 Family Mediation

1. Introduction

2. What is mediation?

3. Who can use mediation?

4. What can I use mediation for?

5. At what stage can I use mediation?

6. What if my partner is violent or threatening?

7. What if I don’t use mediation?

8. Do I still need a solicitor if I use mediation?

9. Is mediation the same as counselling?

10. What happens in mediation?

11. Is mediation confidential?

What you say in mediation is normally confidential, and the mediator will pass on information to someone else only if both of you agree. However, there are two situations where they might not keep to this:

• If the mediator believes that someone (a child, for example) has been seriously hurt, or is at risk of being hurt, then the mediator should make sure that the police or social services are told.
• If the mediator believes that you or your partner is benefiting or has benefited from the proceeds of a crime, the mediator will have to stop the mediation and report this to the authorities.

In general, what you say in mediation cannot be used in court later if mediation breaks down. However, this rule does not apply to financial information that you give, such as details of your income and property. This information can be used in later court proceedings and passed to lawyers.

12. How long does mediation take?

13. What happens at the end of mediation?

14. How much does mediation cost?

15. How do I find a mediator?

16. Further help

17. About this leaflet

This leaflet is published by the Legal Services Commission (LSC).

Leaflet Version: August 2008

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