Date updated: Wednesday 22nd January 2025

We are often asked whether it is possible for mediation to take place when court proceedings are already underway.  The short answer is yes, absolutely.

It is not uncommon for court proceedings to be issued following separation, whether in relation to the arrangements for the children or in respect of financial matters.  The reasons for issuing such proceedings, rather than having entered into mediation beforehand, are numerous and often understandable in the particular circumstances of a separation.  However, as these circumstances evolve, it is important to keep under review whether mediation may be of assistance in reaching an agreement, even through there are ongoing court proceedings. 

At any stage after the issue of court proceedings, it is possible for such proceedings to be drawn to a close if an agreement has been reached and the court is usually delighted to endorse any appropriate agreement reached between the parties.  Indeed, it is now a requirement within financial proceedings to notify the court at each stage of the process whether methods of Alternative Dispute Resolution (ADR) such as mediation have and could be considered.

In what circumstances could mediation help once court proceedings have commenced?  Examples may be as follows:

  • It is sometimes the case that one party is struggling to deal with issues arising on separation and, in order to move matters forward and ensure that there is a timetable in place for resolution, it has been necessary to issue an application with the court.  On many occasions, this will act as a reminder that it really is necessary to work out how best to resolve matters on divorce or separation and, in effect, bring someone to the table to discuss matters.  Proceedings can potentially be adjourned to enable such discussions to take place within the neutral environment of mediation.
  • In financial matters on divorce, it is necessary for both parties to provide full details of their financial circumstances, known as financial disclosure.  Sometimes it is necessary to apply to the court to ensure that such financial disclosure is made.  Once there are full details of the separating couple’s finances available through the court process, the parties may then benefit from attending mediation to work with one another as to how such finances are to be shared between them.
  • In proceedings concerning children, it may be felt that, in order assist the parents in making decisions concerning their care, the children should be afforded the opportunity of sharing their views with someone independent.  Child Inclusive Mediation provides the opportunity for the children to share how they are feeling and for any feedback which they wish to share to be provided to their parents.  This then in turn enables any decisions to be taken by the parents with the benefit of such views being taken into account.

It is very important to note that, subject to safeguarding issues and financial disclosure, the mediation process is confidential.  This means that any matters discussed within mediation cannot be shared within the court process.  The benefit of this is that it provides the parties with the freedom to consider a variety of different options, without the fear that sharing their thoughts on such options would in any way be held against them should an agreement not be reached and the court be required to make a decision.  Our experience is that this will more readily lead to a resolution being reached and the stress, cost, uncertainty and delay of a court process avoided.  If an agreement can be reached, this can be then reflected in a consent order which is approved by the court and the proceedings ended.