Why should you consider trying family mediation?
Mediation can save you time, money, and stress. Mediation helps you reach decisions about important matters following the breakdown of a relationship. It helps you consider options and what will work best for your family in a positive and constructive way. Mediation can also reduce conflict and help improve communication. Even if mediation does not succeed in helping you resolve all of the issues, it may still be useful by giving you a better idea all the issues involved and options available and by giving you the opportunity to hear directly from the other person involved in a safe and neutral environment.
How does it work?
STEP ONE: the MIAM meeting.
This is not a joint meeting; each person meets individually with the mediator to discuss any concerns and ask any questions they may have about the process. The mediator will give you information about the mediation process as well as other appropriate forms of resolving disputes. In advance of that meeting you will be given the opportunity to consider whether you might be eligible for financial assistance with the cost of mediation either under the legal aid scheme or the Family Mediation Voucher Scheme. If you decide not to participate in mediation and want to make an application to the court the mediator will provide you with a signed form certifying that you have attended a MIAM meeting and this will enable you to commence court proceedings.
Please note that changes to the Family Procedure Rules that came into effect on the 29th of April 2024 mean that courts are now more likely to give stronger encouragement to separating couples to resolve their disputes out of court and can adjourn cases and direct couples to try non court dispute resolution before the case can proceed. The courts have power to sanction people who do not make reasonable attempts to resolve matters out of court.
STEP TWO: mediation sessions.
These meetings are usually 1 1/2 hours long and take place face-to-face or separately (via shuttle mediation). The timing, length and number of sessions depend on your particular needs and circumstances. Before the start of the first meeting you will be asked to sign an Agreement to Mediate, this is a document that sets out how the mediation works and confirms the information about the process explained in the individual MIAM meetings.
You will have the opportunity to discuss ideas about the future confidentially, and where there are financial matters to be agreed arrangements will be made to exchange financial information so that everybody has access to all the relevant information to enable informed choices to be made.
For mediation to be most effective it is important that everyone speaks and listens to each other with respect and works with the mediator to ensure that any issues of particularly high conflict and any strong emotions that emerge during the mediation do not adversely impact the process.
The mediator cannot give advice but may provide useful information about how to deal with various issues, relevant legal principles, the court process, and how to contact other organisations or experts who may be able to provide help.
Key pieces of information will be recorded by the mediator and shared after each meeting.
STEP THREE: at the end of the mediation.
The mediator will document any proposals that may form the basis a formal/binding agreement once you have both had the chance to obtain legal advice, should you choose to do so. If you are eligible for legal aid the mediator can provide your solicitor (if your solicitor has a legal aid contract) with a form to enable you to receive free linked legal advice.
