Can mediation be a cheaper option for families?

During Mediation Week 2025 (27th January to 31st January), I’m taking the opportunity to consider the financial costs dealing with family breakdown. Shared Parenting Scotland published this article on 21st January highlighting the extortionate costs that could be incurred in family disputes following a survey of families suffering from relationship breakdown. Astonishingly, 13% of respondents to the survey reported that they had faced costs of more than £100,000, when taking into account lawyers’ fees, Court costs and other professional reports. A further 24% had spent more than £25,000 and in total more than 54% of respondents had spent more than £10,000. These are huge figures but not altogether surprising. I have no doubt that the 13% who faced costs of more than £100,000 are those involved in protracted Court disputes. However, what is staggering from this article is the extent of costs for the majority of respondents.

Is there a better way?

Attempting to resolve disputes using family mediation can be a much more affordable, as well as a much more rewarding, experience. Ordinarily, mediation involves far fewer sessions than there would be Court Hearings. The costs of a lawyer mediator can also be shared between the couple, rather than each paying for their own solicitor. Mediation has a high rate of success and the majority of couples who embark on mediation find it a positive experience.

In terms of the process of mediation itself, once a couple agrees to attempt mediation, a family mediator can be selected from a vast number of suitably qualified solicitor mediators. In Scotland, solicitor mediators are all members of the organisation CALM (Comprehensive Accredited Lawyer Mediators).

Family mediators are all also very experienced specialist family solicitors. Both parties have an individual meeting with the mediator, known as an “intake meeting”. Thereafter, the couple will be invited to the first joint mediation session. A joint mediation session usually lasts any time between one and three hours.

Mediation can be an exhausting process and involves a lot of hard work for all participants. However, given the amount of hard work put in, it can achieve very good results. Some couples will require only one joint mediation session to resolve the issues in dispute, some many more than that. It would very much depend on the nature of the dispute. Couples can have as many joint mediation sessions as necessary, or as they want. It is hoped that during these joint mediation sessions that understanding can be gained of each other’s interests and needs which can be the key to reaching agreement themselves. When agreement is reached, the mediator can be asked to prepare a mediation summary which can be issued outlining the nature of the discussions had and any consensus reached. That mediation summary can then be used to draw up a binding contract if that is thought to be useful.

If mediation is something you are interested in, then please get in touch and we can tell you a bit more about the process. At Harper Macleod, we have four Accredited Mediators: Linda Walker, Karen Gibbons, Jenny Smith and Jane Blackwood. Two of our Mediators (Linda Walker and Karen Gibbons) are also certified in Child Inclusive Mediation, which allows children of the relationship to be directly involved in the mediation in certain circumstances where that is considered to be in the best interests of the children.