Mediation

Family mediation puts you in control, with dedicated guidance from an independent, impartial and professionally trained mediator. An expert mediator can help you find solutions for the division of finances following separation, arrangements for children, or one specific issue that you need to agree on, such as where your child goes to school.

Expert and empathetic advice

All our mediators are highly experienced family lawyers offering an unparalleled service, who will guide you to reach an agreement which can be converted into a binding, enforceable consent order. It is this background knowledge, combined with our tailored, outcomes-focused approach, that helps us give the best possible support to our clients.

Our mediators begin by inviting you individually to a mediation information and assessment meeting (MIAM) to consider if mediation is suitable for you. The mediator will spend time establishing your goals and explaining how mediation works.

Often, each client has a solicitor who advises them on an individual basis in the background. This means you can seek advice from your own solicitor separately from the joint mediation sessions which you have with your former partner. It will allow you to benefit from the momentum of joint mediation sessions at the same time as receiving bespoke legal advice to give you confidence as you work through to a final agreement.

If you are already committed to a mediator but need tailored background legal advice, we are very happy to provide this. Our knowledge as expert mediators will enable us to support the process effectively whilst ensuring that you fully understand the legal implications of what you are agreeing in mediation.

Penningtons’ reputation for excellence is well-earned … their solicitors are diligent, hard-working, and knowledgeable. They are also compassionate and care deeply for their clients.

In mediation sessions, you will meet together with one of our mediators who will guide you in beginning constructive discussions, to help break any impasse and find practical solutions. We can include your solicitors or other professional advisors in these meetings if you both agree, or there can be a shuttle situation in which the mediator spends time with each of you on your own exploring the issues, and shuttles between you. We also offer hybrid mediation which enables you to speak privately to the mediator and for the mediator to keep the conversation confidential if that will assist you. Mediation is generally a faster route to reaching an agreement, with many cases resolved in three to five sessions.

Following a successful mediation about finances, the mediator will record the outcome in a document called a memorandum of understanding. The memorandum is then taken to your respective solicitors to convert into a ‘consent order’ (a document which sets out in legal language the terms of the agreement reached) which is sent to the court for approval. A consent order is necessary to make the agreement legally binding. It ensures that you have the benefit of a legally enforceable order in the same way as you would have done had the court process been followed.

At the conclusion of a successful mediation about arrangements for children, a parenting plan may be drawn up.

Penningtons Manches Cooper were professional and have the highest level of expertise.

The way in which they prepare their cases is immaculate from top to bottom. You know if you work with them, it will be really collaborative.

Recent work highlights

Multi-jurisdictional divorce settlement

Acting as mediator in a complex multi-jurisdictional divorce case, navigating and resolving cross-jurisdictional asset structures, and examining global financial holdings, properties, and other assets, eventually reaching a fair and equitable settlement for both parties.

Pre-nuptial mediation for athlete

Acting as a mediator in a pre-nuptial agreement negotiation for a high-profile and successful athlete.

US/UK family financial matters mediation

Mediating for a US/UK family on children and financial matters, including a remuneration structure. The shareholding involved a large property business transferred into an employee ownership trust, requiring business valuations and accountancy input.

Mediation alongside litigation

Representing a large family in relation to financial matters, where the family needed to carefully consider how to separate with minimal impact on their asset base. Third-party litigation caused additional complications regarding the true value of the property assets.

Children and financial matter mediation

Mediating on children and financial matters. Despite initial mistrust, the parties narrowed their issues in mediation, identified agreed points, and moved to collaborative negotiations with their solicitors.