What happens afterwards
If you reach an agreement
If you are able to reach an agreement the mediator will put together a document for you setting out your agreement in writing. This is usually called a Memorandum of Understanding or a Statement of Outcome. You should ask your solicitor to look at this before it is finalised to make sure that it is fair. If you both agree, you can get your solicitors to make it 'legally binding' so that you will both be required by law to stick to your agreement. If you are divorcing/dissolving a civil partnership it is very important that you take this final step so that you are protected against any financial claims in the future.
If you reach a partial agreement
By the end of the mediation sessions, you may have agreed on some issues, but not others. The mediator can record what has been agreed and list what points remain unresolved in a written document for you. This should help to cut your legal costs if you ask your solicitor to negotiate the remaining issues for you.
If you can’t agree
You might feel as though mediation has failed. But you might find that it's helped you to start talking to each other again. And, although you haven’t sorted all of the issues out, it may have helped make clear to both of you exactly what your disagreements are really about.
Coming back to mediation
Mediation may not feel right for you when you first try it. Sometimes other things need to happen first. You may both need to see lawyers, for instance, or you may each have other issues that need sorting out. If mediation doesn’t work out the first time, it may be useful later on.
Family life never seems to stand still. As time goes on you may find that new issues come up that you need to resolve. Mediation may have shown you a way of dealing with those problems without further outside help. But you may feel that it would be useful to go back to your local mediation service to work through them. A second go at mediation often feels less scary because you know what to expect.
