20th January 2022

Family Mediation: Four Fundamental Principles

Family Mediation: Four Fundamental Principles


In support of Family Mediation week, we explore four key fundamental principles of mediation:

1. Mediation is voluntary
This means that either party can choose to stop mediation at any time, and both parties must be willing and open to mediate. It offers control over the situation, safe in the knowledge that mediation can be stopped or paused at any time.

2. Mediators are impartial
The mediator is there for both parties and is not there to take sides or give advice. The mediator is a neutral third party who is specially trained in facilitating and encouraging discussions between parties to assist in reaching an agreement outside of Court.

3. Mediation is confidential
The information you share with the mediator and discussions you have during mediation are kept private. If parties try to reach an agreement during mediation, but it does not work, the Court will not be informed of any former proposals discussed during mediation (with some limited exemptions for example on considering costs, by agreement and children issues).

4. You control the outcome
Any agreement or decision reached is done so within your own terms. Mediators do not make any decisions. Any decision reached is not legally enforceable unless you instruct lawyers to make your agreement legally binding.

Visit the Family Mediators Association website for more information on the principles of mediation.

At Ellisons, we understand that a breakdown in family relationships can involve complex emotions.  Our experienced Family Solicitors can guide you through disputes in a sensitive but effective way to ensure an appropriate outcome. Contact the Family team to arrange an appointment at any of our office locations, or virtually.