Mediation & Separation Agreement Solicitors
Mediation and separation agreements resolve disputes faster and at lower cost — but only with legal advice alongside them.
Mediation is not a replacement for legal advice — it is a process where both parties work towards an agreement with a neutral third party. To know whether what is being offered is reasonable, and whether an agreement is worth signing, you need independent legal advice before, during, and after. A specialist solicitor can support you through mediation and ensure any separation agreement properly protects your position.
How It Works — In Practice
Mediation and separation agreements — what they do and where legal advice fits.
Mediation and separation agreements are tools for reaching an agreement — not a substitute for understanding what you are entitled to. Getting the advice right first makes the process faster and produces a better outcome.
What is a MIAM?
Before applying to court in most family law disputes, both parties must attend a Mediation Information and Assessment Meeting (MIAM) with an accredited mediator. The MIAM is not mediation itself — it is a meeting to assess whether mediation is suitable. If the mediator concludes it is not (or if an exemption applies), they issue a form that allows the court application to proceed. A solicitor can advise you on what to expect at the MIAM and whether an exemption applies to you.
The mediation process
Mediation involves both parties and a neutral mediator working through disputed issues — finances, property, children — over a series of sessions. The mediator does not give legal advice and does not decide outcomes; they facilitate negotiation. Anything discussed in mediation is confidential and cannot be used in court proceedings. A solicitor advises you between sessions on the offers being made and whether they are fair before you agree to anything.
Separation agreements
A separation agreement (sometimes called a deed of separation) sets out the agreed terms of a separation — who lives where, who pays what, how assets are split, and what happens with the children. It is a contract between the parties. For married couples, it is not automatically legally binding — financial claims on each other survive divorce until a consent order is approved. A solicitor will draft the agreement to be as enforceable as possible and advise on converting it to a consent order.
Consent orders — making agreements binding
Once financial terms are agreed — whether through mediation, solicitor negotiation, or direct agreement — a consent order submitted to and approved by a court makes them legally binding and closes off future claims. Without a consent order, a spouse can return years later for further financial provision. A solicitor will convert your mediation outcome into a properly drafted consent order and submit it for court approval.
When mediation is not appropriate
Mediation requires a power balance between participants. Where there is a history of domestic abuse, coercive control, or significant intimidation, mediation may not be suitable — and an exemption from the MIAM requirement is available. Where one party is concealing assets or is unlikely to engage in good faith, mediation may produce an agreement that doesn't reflect your entitlement. A solicitor will advise on whether mediation is appropriate for your situation before you commit to the process.
Collaborative family law
Collaborative family law is an alternative to both litigation and standard mediation. Both parties instruct collaborative-trained solicitors, and all negotiations take place in four-way meetings — both clients and both solicitors together. If the process breaks down and court proceedings become necessary, both solicitors are contractually disqualified from acting further — creating a strong incentive to reach a settlement. A solicitor can advise on whether the collaborative process is suitable for your case.