Senior Associate
Knights
Government-incentivised shifts to non-court dispute resolution have ushered in a new era for families, presenting mediation as a viable option for resolving complex family issues such as divorce. Here, Lucy Adams, a trained family mediator and senior associate at UK top 50 law firm Knights, delves into the evolving nature of mediation, examining how the process has transformed over the past year — from a mere formality to a serious alternative to litigation for resolving disputes.
While it may yet be an extraneous concept for some, at its core, mediation is built on the simplicity of collaboration and conciliation. Unlike the adversarial nature of litigation, where outcomes are imposed by a judge, mediation prioritises dialogue and mutual agreement. With a neutral mediator facilitating and driving discussions, the process of mediation is designed to resolve disputes to the (relative) satisfaction of both parties, helping them reach resolutions tailored to their unique circumstances at a lower cost than full litigation proceedings, and in most cases, with more favourable outcomes for all involved.
Decision-making rests with the participants
The process relies on impartiality, the key distinction between a mediator and a solicitor. While solicitors are hired to advocate for their clients only, mediators focus on guiding both sides to a mutually desired agreement. The process is confidential and designed to empower families, retaining the power of decision-making firmly in their hands rather than surrendering control to a judge. And in fact, numbers show that 69% of cases resolve all or some issues, helping parties avoid court altogether.
The rising waves of mediation
It’s important to note that many with disputes, whether it be marital breakdown or other family issues, the core breakthrough in mediation can be as simple as an apology or gesture of acknowledgment from one individual to another. Mediation is the breeding ground for this to be delivered in an environment that is less stifling than the courts, acknowledging the emotion attached to issues such as divorce.
In recent years, the government has been actively promoting mediation as a means to alleviate the burden on family courts, which has coincided with legislative shifts to ensure Mediation Information & Assessment Meetings (MIAMs) are more than just tick-box exercises. These are the first compulsory step in setting the scene for what we know as non-court dispute resolution (NCDR), a process that mirrors the court process outside its walls.
From here, a mediator will have fairly definitive guidelines that will allow them to assess the idiosyncrasies of varying disputes and set in place suitable processes for mediation to take place.
In helping parties resolve their disputes outside of court, the Ministry of Justice (MoJ) has extended a government-funded voucher scheme, offering up to £500 toward mediation costs, now running until March 2026, as a way to ease financial barriers and make mediation more accessible to a wider audience.
Exploring the many facets of mediation
A voluntary and confidential process, mediation can be tailored on a case-by-case basis. Shuttle mediation, for instance, allows parties to remain in separate rooms while the mediator moves freely to facilitate discussions. This format can similarly be conducted online, providing accessibility for individual circumstances and day-to-day arrangements. t may also be a critical first step for issues like divorce, which can be upsetting to discuss face-to-face, or particularly where children are concerned.
For more complex cases, hybrid mediation, on the other hand, at the advice of the mediator, invites in additional participants, such as solicitors, financial advisors, or even therapists, to ensure agreements are legally sound or financially viable. Child-inclusive mediation also gives children a voice, enabling parents to make decisions that prioritise their well-being, particularly where family units have broken down.
Unlike the black-and-white outcomes of court rulings, mediation explores the nuances of each family’s situation. This creativity often leads to solutions that feel more personal and balanced, with the mediator having the insight to work through the case and consider aspects which may sometimes get overlooked at court.
Mediation benefits
Alongside its flexibility, mediation is considerably more cost-effective than traditional court proceedings, with expenses split equally between parties. Secondly, it is generally faster, often resolving disputes within weeks rather than the months or years litigation can take.
Beyond the practical benefits, mediation fosters a collaborative environment that helps preserve relationships, particularly when children are involved. By addressing both immediate concerns and long-term goals, mediation lays the groundwork for better outcomes and reduces the likelihood of future conflicts.
Mediation is particularly effective in disputes involving complex family dynamics, such as disagreements over finances, business assets, or pensions. It creates a space to address not only critical matters but also subtler emotional issues that might otherwise be overlooked in court. However, it may not be suitable for every situation, predominantly those involving severe domestic abuse, abduction, or bankruptcy, for example, which may require alternative interventions.
The hopes of a new treaty defining the future of mediation
The future of mediation is looking bright. Recent updates to family procedure rules now require courts to demand explanations for why mediation wasn’t pursued before litigation. This shift reflects a broader recognition of mediation’s effectiveness.
New methods such as hybrid mediation are likely to take the helm in addressing rather more complex cases, balancing out the flexibility of mediation with the expertise of legal and financial professionals. As stereotypes around mediation versus court litigation continue to diffuse, the potential of the former to transform how couples and families navigate dispute rises, thus helping individuals move through divorce in a legal, sensitive, and balanced manner.
About Lucy Adams
Lucy is a Senior Associate solicitor in the Family team. Lucy is also a trained Family Mediator.
Lucy is renowned for her expertise in both financial matters and child law.
Lucy has obtained the Law Society Advanced Accreditation in complex financial settlement and children cases. Lucy is also a Member of Resolution and committed to the constructive resolution of family disputes.
With over 15 years’ experience in family law, Lucy can support clients with the resolution of their divorce and on related financial issues including pensions, businesses, and pre-acquired marital wealth. She also supports cohabiting couples, who need help to resolve a dispute following their separation.
As a trained family Mediator, Lucy can offer a bespoke mediation service to assist in any children or financial disputes. The sessions can either be remote or face to face at one of our 23 national office locations in the UK. Mediation is a means of resolving disputes in an amicable, non-confrontational manner that meets the needs of both participants. Mediation can often be a quicker, more amicable, and less stressful process than the more traditional route at resolving disputes, such as going to court. Lucy is registered with the Family Mediation Association.
About Knights
Knights is one of the fastest-growing legal services businesses in the UK, delivering high-quality services to more than 10,000 business clients from 26 offices nationwide.
Knights is ranked within the top 50 UK law firms by revenue – with specialists in all key areas of corporate, real estate and commercial law. Its extensive expertise is consistently strengthened through its acquisitions and the recruitment of high-calibre talented professionals.