Family Mediation: Glossary of Terms

ADR (Alternative Dispute Resolution)

A collective term for methods of resolving disputes without going to court. ADR includes family mediation, arbitration, collaborative law, and negotiation. In family law, ADR is strongly encouraged by the courts as a way to settle matters relating to finances, property, and children in a less adversarial, more cost-effective manner.

Arbitration

A private dispute resolution process where an independent, qualified arbitrator makes a legally binding decision on a family law matter. Unlike mediation, where the couple reach their own agreement, in arbitration the arbitrator acts like a private judge. It is often faster and more flexible than going through the family court system.

Barrister Review

A legal review carried out by a qualified barrister who examines the terms of an agreement reached in mediation, such as a Memorandum of Understanding (MOU), and provides an independent legal opinion. This helps ensure that any proposed settlement is fair, reasonable, and legally sound before it is formalised into a consent order.

Best Interests of the Child

The legal principle, established under the Children Act 1989, that the welfare of the child must be the court’s paramount consideration when making any decision about a child’s upbringing. This principle also guides mediators and parents when discussing child arrangements, ensuring that decisions are made with the child’s physical, emotional, and developmental needs at the forefront.

Bundle

An organised collection of documents prepared for use in mediation or court proceedings. A bundle typically includes financial disclosure documents, correspondence, court orders, and any other relevant paperwork, compiled in a structured and paginated format to allow all parties and the mediator or judge to refer to information easily.

C1A (Allegations of Harm and Domestic Abuse Form)

A C1A is a supplemental court form used in children proceedings to provide details of allegations that a child or parent has suffered, or is at risk of suffering, harm, including domestic abuse. It may also be used to respond to allegations made by another party. The form is sent to the court alongside the relevant application and helps the court identify safeguarding issues at an early stage.

Cafcass (Children and Family Court Advisory and Support Service)

Cafcass is the independent body that represents and safeguards the interests of children involved in family court proceedings in England. In private family law cases, such as disputes about child arrangements, Cafcass may carry out safeguarding checks, speak to the parents, and provide information or recommendations to the court about what arrangements are likely to be in the child’s best interests. Cafcass is independent of both the court and social services.

Certified Copy Marriage Certificate

An official copy of your marriage certificate issued by the General Register Office or the local register office where the marriage was registered. A certified copy is required when applying for a divorce and may also be needed during mediation or court proceedings to confirm the legal status of the marriage.

C100

The application form used to apply to the family court for a Child Arrangements Order, a Prohibited Steps Order, or a Specific Issue Order under the Children Act 1989. Before submitting a C100, the applicant is generally required to attend a MIAM, unless an exemption applies. The form asks for details about the children, the parents, and the orders being sought.

Child Arrangement Order

A court order that sets out the arrangements for a child, including who the child will live with (sometimes referred to as “residence”) and who the child will spend time with (sometimes referred to as “contact”). Child Arrangement Orders replaced the previous Residence Orders and Contact Orders following changes introduced by the Children and Families Act 2014.

Child Arrangements

The practical plans agreed between parents, or ordered by the court, about where a child will live, how much time they will spend with each parent, and how handovers will be managed. Child arrangements can be agreed informally, through mediation, or determined by the family court if parents are unable to reach an agreement.

Child Inclusive Mediation (CIM)

A form of family mediation where a specially trained mediator meets directly with the child or children to hear their views and feelings about the family situation. The child’s perspective is then shared with the parents (with the child’s consent) to help inform discussions. CIM is not about asking children to make decisions, but about ensuring their voice is heard in the process.

Child Maintenance

Regular financial payments made by the non-resident parent (the parent the child does not primarily live with) to the resident parent, to help cover the day-to-day costs of raising a child. Child maintenance can be arranged privately between parents, agreed through mediation, or calculated and managed through the Child Maintenance Service (CMS).

Children Act 1989 – Schedule 1

A provision within the Children Act 1989 that allows a parent (including unmarried parents) to apply to the court for financial provision for a child. This can include lump sum payments, property transfers, or regular maintenance. Schedule 1 applications are commonly used by unmarried parents who cannot use the divorce financial remedy process.

Clean Break Consent Order

A type of consent order that severs all financial ties between former spouses, meaning neither party can make future financial claims against the other. A clean break is often considered the preferred outcome where possible, as it allows both parties to move forward independently. It must be approved by a judge to become legally binding.

Collaborative Law

A form of alternative dispute resolution where each party appoints a specially trained collaborative lawyer. All parties sign a participation agreement committing to resolve matters through negotiation rather than court proceedings. If the collaborative process breaks down and court proceedings are issued, both lawyers must withdraw, and the parties must instruct new solicitors.

CMS (Child Maintenance Service)

A government body that helps separated parents arrange child maintenance when they are unable to agree between themselves. The CMS can calculate the amount of maintenance payable based on the paying parent’s income, and can also collect and enforce payments if necessary. The CMS replaced the former Child Support Agency (CSA).

Confidentiality Agreement

An agreement signed by all parties in mediation confirming that everything discussed during the mediation process will remain confidential and cannot be used as evidence in court. Confidentiality is a fundamental principle of mediation, and it allows participants to speak openly without fear that their words will be used against them later.

Conditional Order

The first of two legal stages in the divorce process under the no-fault divorce system introduced in April 2022. A Conditional Order (formerly known as a Decree Nisi) confirms that the court is satisfied that the marriage has irretrievably broken down and that there is no reason why the divorce should not proceed. A minimum of six weeks must pass before the Final Divorce Order can be applied for.

Consent Order

A legally binding court order that records the financial and/or property agreement reached between separating or divorcing parties. A consent order is typically drafted by a solicitor, signed by both parties, and submitted to the court for approval by a judge. Once approved, it is enforceable by law and ensures that neither party can make further financial claims against the other (if a clean break is included).

Data Protection / GDPR

The General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018 set out rules for how personal information must be collected, stored, and used. In mediation, this means your personal data, including financial information, is handled securely and confidentially. Mediators are required to comply with data protection laws and will explain how your information will be used and stored.

D81 (Financial Statement for Consent Orders)

A court form that must be completed and submitted alongside a consent order dealing with financial matters. The D81 provides a summary of both parties’ financial positions, including income, assets, liabilities, and pensions. It helps the judge decide whether the proposed financial settlement is fair and reasonable before approving the consent order.

Deed of Trust

A legal document that records the ownership shares and financial interests of people who jointly own a property. A deed of trust is often used when separating couples agree on how their shared property should be divided, or when one party is buying out the other’s share. It can also be used to protect contributions made by family members or other third parties.

Digital Divorce Portal

The online system provided by HM Courts & Tribunals Service (HMCTS) that allows individuals and solicitors to apply for a divorce digitally. The portal enables applicants to submit their divorce application, upload documents, pay court fees, and track the progress of their case online, making the process more accessible and efficient than the previous paper-based system.

Disclosure

The process of openly sharing all relevant financial information with the other party during mediation or court proceedings. Full and frank disclosure is a legal obligation and typically includes details of income, savings, investments, property, pensions, debts, and any other assets or liabilities. Failure to provide proper disclosure can result in agreements being set aside by the court.

Divorce Application

The formal legal document submitted to the court to begin divorce proceedings. Under the no-fault divorce system introduced in April 2022, a divorce application can be made solely or jointly, and the applicant is required to state that the marriage has irretrievably broken down. There is no need to assign blame to either party.

Domestic Abuse Exemption

An exemption from the requirement to attend a MIAM before making a family court application. If there is evidence of domestic abuse, such as a police report, a non-molestation order, or a letter from a domestic abuse support service, the applicant may be exempt from attending a MIAM and can proceed directly to court.

Equity

The financial value of a property after any outstanding mortgage or secured debts have been deducted. For example, if a property is worth £300,000 and the remaining mortgage is £150,000, the equity is £150,000. Equity is a key consideration in financial mediation and divorce settlements, as it often represents one of the most significant matrimonial assets.

Enforcement Order

A court order made when one party has failed to comply with a previous court order, such as a Child Arrangement Order. The court can make an enforcement order to compel the non-compliant party to adhere to the terms of the original order. Sanctions can include unpaid work requirements, compensation for lost time with a child, or, in serious cases, changes to the child’s living arrangements.

Final Divorce Order

The second and final legal stage in the divorce process, which formally ends the marriage. Formerly known as the Decree Absolute, the Final Divorce Order can be applied for at least six weeks after the Conditional Order has been granted. Once the Final Divorce Order is issued, both parties are legally free to remarry. It is generally advisable to finalise financial matters before applying for the Final Divorce Order.

Financial Disclosure

The process by which both parties in a separation or divorce provide a full and honest account of their financial circumstances. This includes income, savings, investments, property, pensions, debts, and other assets. Financial disclosure is essential in mediation and court proceedings to ensure that any financial settlement is fair and based on accurate information.

FDR (Financial Dispute Resolution Appointment)

An FDR is a court hearing that takes place during financial remedy proceedings to help the parties try to reach a settlement. It is a meeting for discussion and negotiation, usually with the assistance of the judge, who may give an indication of how the court is likely to view the case. If an agreement is reached, it can usually be turned into a consent order. If no agreement is reached, the case continues and a different judge will deal with later hearings.

Financial Order

A court order that deals with the division of finances and property following a divorce or dissolution of a civil partnership. Financial orders can cover a wide range of matters, including the division of assets, maintenance payments, pension sharing, and lump sum payments. A financial order can be made by consent (a consent order) or imposed by the court after a contested hearing.

Financial Remedy

The legal process through which the family court resolves financial disputes between divorcing or separating couples. Financial remedy proceedings can be initiated by filing a Form A and may result in orders relating to property, pensions, maintenance, and other assets. Mediation is strongly encouraged as an alternative to the financial remedy court process.

First Appointment (FDA)

The First Appointment, sometimes referred to as the FDA (First Directions Appointment), is usually the first court hearing in financial remedy proceedings after a Form A has been issued. Its purpose is to identify what further information, evidence, or expert input is needed before the case can move forward. The court may give directions about financial disclosure, questionnaires, valuations, and the timetable leading to the Financial Dispute Resolution Appointment (FDR).

FM1 (used with C1 applications)

A form used in family court proceedings in conjunction with a C1 application. The FM1 form is typically used to provide supplementary information in certain types of children’s applications, helping the court to understand the background and circumstances of the case.

Form A

The form used to formally apply to the family court for a financial remedy order. Filing a Form A initiates the financial remedy process and triggers a timetable of court directions, including the exchange of financial disclosure (Form E) and attendance at a First Directions Appointment (FDA). A court fee is payable upon filing.

Form C1

An application form used to apply to the family court for certain orders relating to children, including in situations where there are safeguarding concerns. Form C1 is used alongside other forms (such as the FM1) and is distinct from the C100, which is the standard application for child arrangements. Form C1 may be used for applications by non-parents, such as grandparents.

Form E

A detailed financial disclosure form that must be completed by each party in financial remedy proceedings. The Form E requires comprehensive information about income, property, savings, investments, pensions, debts, and living expenses. It is a sworn document, meaning the information provided must be true and complete, and can be used as evidence in court.

Full Financial Disclosure

The complete and honest sharing of all financial information by both parties during mediation or court proceedings. Full financial disclosure includes details of all income, assets, liabilities, and pensions. It is a legal requirement, and providing incomplete or misleading information can have serious consequences, including agreements being overturned by the court.

FMA / FMCA

FMA refers to a Family Mediator Accreditation, while FMCA stands for Family Mediation Council Accreditation. These credentials confirm that a mediator has met the training, competency, and professional standards required by the Family Mediation Council (FMC) to practise as an accredited family mediator in England and Wales.

FMC (Family Mediation Council)

The Family Mediation Council is the regulatory body responsible for setting and maintaining professional standards for family mediators in England and Wales. The FMC oversees mediator accreditation, training requirements, and the code of practice that all registered family mediators must follow. It also manages the public register of accredited mediators.

Grandparents’ Applications

Applications made by grandparents to the family court seeking permission (leave) to apply for a Child Arrangement Order to spend time with their grandchildren. Unlike parents, grandparents do not have an automatic right to apply and must first obtain the court’s permission. The court will consider the grandparent’s connection with the child and whether the application is in the child’s best interests.

Handovers

The practical arrangements for transferring a child from one parent to the other, usually at the start and end of a contact visit or when the child moves between homes. Handovers can take place at a parent’s home, at school, or at a neutral location. In mediation, parents can agree on handover arrangements that minimise conflict and ensure the child feels safe and comfortable.

Interim Arrangements

Temporary agreements or court orders put in place while a final resolution is being reached. Interim arrangements can cover child arrangements, financial support, or occupation of the family home. They are designed to provide stability and structure during the period between separation and the finalisation of a permanent agreement or court order.

Joint Divorce Application

A divorce application made by both spouses together, rather than by one party alone. Joint applications were introduced as part of the no-fault divorce system in April 2022. They allow couples to apply for divorce on an equal footing, without one party being the “applicant” and the other the “respondent,” which can help reduce conflict.

Joint Mediation Session

A mediation meeting attended by both parties together, along with the mediator. Joint sessions are the standard format for family mediation and provide a structured, safe environment for both parties to discuss and negotiate issues relating to children, finances, and property. The mediator facilitates the conversation and helps both parties work towards an agreement.

Joint Tenants

A form of property ownership where two or more people own the whole property together equally. If one joint tenant dies, their share automatically passes to the surviving joint tenant(s). This is relevant in divorce and separation, as couples may need to sever the joint tenancy and convert to tenants in common so that each party can deal with their share independently.

Legal Aid Assessment

An assessment carried out to determine whether an individual qualifies for legal aid to help cover the costs of mediation or legal proceedings. Eligibility for legal aid is based on income, capital, and the nature of the case. In family mediation, if one party qualifies for legal aid, the other party may also be entitled to a free MIAM, and first mediation session, even if they do not qualify for legal aid themselves.

Legal Advice Privilege

A legal principle that protects confidential communications between a client and their solicitor from being disclosed to others. In the context of mediation, legal advice privilege means that any legal advice you receive from your own solicitor about the mediation process or a proposed settlement remains confidential and cannot be shared with the other party or used in court without your consent.

Litigant in Person

An individual who represents themselves in court proceedings without a solicitor or barrister. Many people going through family court proceedings, particularly those who do not qualify for legal aid, choose to represent themselves. Mediation can be a helpful alternative for litigants in person, as it provides a less formal environment for reaching agreements without the need for legal representation. Our sister site Family Law Service offers professional help to litigants in person.

Maintenance Pending Suit (Interim Spousal Maintenance)

Maintenance pending suit is a temporary court order requiring one spouse to make regular payments to the other while divorce or judicial separation proceedings are ongoing. Its purpose is to provide short-term financial support until a final financial order is made or the proceedings come to an end. The court will consider what level of interim maintenance is reasonable in the circumstances of the case.

Matrimonial Assets

Assets that were acquired or built up during the course of the marriage and are therefore subject to division upon divorce. Matrimonial assets typically include the family home, savings, investments, pensions, and other property accumulated during the marriage. The court considers a range of factors when deciding how matrimonial assets should be divided fairly.

Matrimonial Home

The property where the couple lived together as their main family home during the marriage. The matrimonial home is usually the most significant financial asset in a divorce and is a central consideration in financial negotiations and mediation. Decisions about the matrimonial home may include selling it and dividing the proceeds, one party buying out the other, or transferring ownership.

Mediation Certificate

A document issued by a mediator confirming the outcome of the mediation process. This may certify that mediation has been attended and an agreement has been reached, or that mediation has been attempted but was not successful, or that one party was not willing to attend. A mediation certificate is often required by the court before certain family court applications can proceed.

Mediation Information and Assessment Meeting (MIAM)

A meeting with an accredited family mediator that is a legal requirement before making most family court applications in England and Wales. During a MIAM, the mediator explains the mediation process, assesses whether mediation is suitable for your situation, and provides information about other forms of dispute resolution. MIAMs are usually held individually with each party.

McKenzie Friend

A person who provides informal, non-professional support to a litigant in person during family court proceedings. A McKenzie Friend can help take notes, offer advice, and provide moral support, but they do not have the right to address the court or act as a legal representative unless the court grants specific permission. McKenzie Friends are not required to hold any legal qualifications.

Memorandum of Understanding (MOU)

A document prepared by the mediator at the end of the mediation process that sets out the key points of agreement reached between the parties. The MOU is not legally binding on its own, but it serves as the basis for a solicitor to draft a legally binding consent order. It is recommended that both parties obtain independent legal advice on the MOU before finalising the agreement.

Non-Matrimonial Assets

Assets that were owned by one party before the marriage, or that were acquired by one party during the marriage through inheritance or gift, and which may therefore be treated differently from matrimonial assets in a divorce settlement. The court has discretion over how non-matrimonial assets are treated, and in some cases they may still be shared if needed to meet the parties’ reasonable needs.

Non-Molestation Order

A type of protective injunction issued by the family court that prohibits a person from using or threatening violence, intimidating, harassing, or pestering another person. Non-molestation orders are commonly sought in cases of domestic abuse and can be applied for by current or former partners, family members, or people who live together. Breaching a non-molestation order is a criminal offence.

No-Fault Divorce

The divorce system introduced in England and Wales on 6 April 2022, which allows couples to divorce without having to blame one another. Under the no-fault system, the sole ground for divorce is that the marriage has irretrievably broken down, and neither party needs to provide evidence of fault such as adultery or unreasonable behaviour. Applications can be made solely or jointly.

Occupation Order

A court order that regulates who can live in the family home, or a specific part of it. An occupation order can require one party to leave the home or restrict them from entering a defined area around the property. Occupation orders are often sought alongside non-molestation orders in cases involving domestic abuse or where there is a dispute about who should remain in the home.

Open Financial Statement (OFS)

A summary of both parties’ financial positions, prepared during mediation, that is “open” (not confidential) and can be shared with solicitors and used in future proceedings if needed. The OFS is typically based on the financial disclosure provided during mediation and helps both parties and their legal advisers understand the full financial picture when working towards a settlement.

Outcome Summary

A document prepared by the mediator at the end of a successful mediation process that summarises the agreements reached by both parties. The outcome summary may cover child arrangements, financial settlements, and property matters. It serves as a record of what was agreed and can be used by solicitors to prepare legally binding documents such as consent orders.

Parenting Plan

A written agreement between separated parents that sets out the practical arrangements for raising their children. A parenting plan typically covers where the children will live, how time will be divided between parents, holiday arrangements, schooling, healthcare, and how parents will communicate about important decisions. Parenting plans are not legally binding but provide a helpful framework for co-parenting.

Parental Responsibility

The legal rights, duties, and responsibilities that a parent has in relation to their child. Parental responsibility includes the right to make decisions about a child’s education, healthcare, religion, and name. Mothers automatically have parental responsibility, as do fathers who are married to the mother at the time of the child’s birth or who are named on the birth certificate (for births registered after 1 December 2003).

PPC (Professional Practice Consultant)

A senior, experienced family mediator who provides supervision, guidance, and support to other mediators. Professional Practice Consultants play a key role in maintaining high standards in family mediation by offering case consultations, assessing mediator competency, and supporting the ongoing professional development of mediators in training and in practice.

Position Statement

A written document prepared by a party (or their legal representative) ahead of a court hearing or mediation session, setting out their position on the key issues in the case. A position statement summarises what has been agreed, what remains in dispute, and what the party is seeking. It helps the judge or mediator understand each party’s perspective before the hearing or session begins.

Post-Nuptial Agreement

A formal agreement made between spouses after they are married that sets out how their assets, finances, and property would be divided if the marriage were to end. Post-nuptial agreements are not automatically legally binding in England and Wales, but the court will give them significant weight if they were entered into freely, with full financial disclosure, and with independent legal advice.

Pre-Nuptial Agreement

A formal agreement made between two people before they marry, setting out how their assets, finances, and property would be divided in the event of a divorce. Like post-nuptial agreements, pre-nuptial agreements are not automatically legally binding in England and Wales, but the court will give them significant weight if both parties entered into the agreement freely and with full understanding of its terms.

Pension Sharing Order

A court order that transfers a percentage of one party’s pension to the other party as part of a divorce financial settlement. A pension sharing order creates a clean break in relation to the pension, as the receiving party gains their own independent pension fund. Pension sharing is one of the most common ways of dealing with pensions on divorce and must be included within a consent order or court order.

Prohibited Steps Order

A court order that prevents a parent from taking a specific action in relation to a child without the court’s permission. Common examples include preventing a parent from changing a child’s surname, removing the child from the country, or changing the child’s school. Prohibited Steps Orders are made under Section 8 of the Children Act 1989.

Review Meeting

A follow-up mediation session held after an initial agreement has been reached, to check how the arrangements are working in practice and to make any necessary adjustments. Review meetings are particularly useful for child arrangements, as children’s needs and circumstances can change over time. They provide an opportunity to address any issues before they escalate into disputes.

Safeguarding

The measures taken to protect children and vulnerable adults from harm, abuse, or neglect. In family mediation, safeguarding is a priority, and mediators are trained to identify and respond to safeguarding concerns. This includes screening for domestic abuse, assessing risks to children, and taking appropriate action if there are concerns about a child’s welfare.

Section 25 Factors

The factors set out in Section 25 of the Matrimonial Causes Act 1973, which the court must consider when deciding how to divide finances and assets on divorce. These factors include the income and earning capacity of each party, their financial needs, the standard of living during the marriage, the ages of the parties, the duration of the marriage, any disabilities, contributions made by each party, and the welfare of any children.

Separation Agreement

A written agreement between a couple who have decided to separate, setting out how they will divide their finances, property, and responsibilities for their children. A separation agreement can be made whether or not the couple is married. While not automatically legally binding, a separation agreement can be converted into a consent order during divorce proceedings to make it enforceable.

Shuttle Mediation

A form of mediation where the two parties are in separate rooms, and the mediator moves between them to facilitate negotiation. Shuttle mediation is used when it would be inappropriate or unsafe for both parties to be in the same room, for example in cases involving domestic abuse, a significant power imbalance, or high levels of conflict. The process maintains the benefits of mediation while ensuring both parties feel safe.

Special Guardianship Order (SGO)

A court order that appoints one or more people to be a child’s special guardian until the child turns 18, unless the order is changed or discharged earlier. A special guardian has parental responsibility for the child and can make most day-to-day decisions about the child’s upbringing without having to consult others in every instance. Special guardianship is often used where a child cannot live with their parents but adoption is not considered appropriate.

Specific Issue Order

A court order made to resolve a specific disagreement between parents about an important aspect of a child’s upbringing. Examples include disputes about which school a child should attend, whether a child should receive a particular medical treatment, or what religion a child should be raised in. Specific Issue Orders are made under Section 8 of the Children Act 1989.

Spousal Maintenance

Regular financial payments made by one former spouse to the other following a divorce, intended to help the receiving party meet their reasonable financial needs. Spousal maintenance may be ordered for a set period (term maintenance) or on an ongoing basis (joint lives maintenance). The amount and duration depend on factors such as income, earning capacity, age, health, and the length of the marriage. You can find a spousal maintenance calculator here.

TOLATA

Short for the Trusts of Land and Appointment of Trustees Act 1996. TOLATA governs disputes about the ownership and sale of property between unmarried couples, cohabitants, or other co-owners. Unlike married couples, unmarried partners cannot use the divorce court to divide property, so TOLATA provides the legal framework for resolving property disputes outside of matrimonial proceedings.

Tenancy in Common

A form of property ownership where two or more people each own a defined share of the property, which can be equal or unequal. Unlike joint tenants, tenants in common can leave their share of the property to someone else in their will. Separating couples often convert from joint tenants to tenants in common so that each party can deal with their share of the property independently.

Urgent MIAM

An expedited Mediation Information and Assessment Meeting arranged at short notice to address time-sensitive family matters. An urgent MIAM may be needed when there is a pressing issue, such as an imminent court deadline, a risk to a child’s welfare, or a situation that cannot wait for a standard MIAM appointment. Mediators will try to accommodate urgent MIAMs as quickly as possible.

Variation Application

An application to the court to change the terms of an existing court order. In family law, variation applications are commonly made to adjust spousal maintenance payments, child maintenance arrangements, or other financial orders when there has been a significant change in circumstances, such as a change in income, remarriage, or a change in the needs of the parties or their children.

Welfare Checklist (Children Act 1989)

A list of factors set out in Section 1(3) of the Children Act 1989 that the court must consider when making decisions about a child’s welfare. The checklist includes the child’s physical, emotional, and educational needs, the likely effect of any change in circumstances, the child’s age and background, any harm the child has suffered or is at risk of suffering, the capability of each parent, and the range of powers available to the court.

Without Prejudice

A “without prejudice” discussion or offer is a communication made in a genuine attempt to settle a dispute, which usually cannot be referred to in court as evidence of admissions or concessions if negotiations break down. This allows both parties to speak openly, explore options, and make settlement proposals without fear that those discussions will later be used against them. In family mediation, discussions are generally conducted on a without-prejudice basis to support honest and constructive negotiation.