Mediation

Mediation gives people the chance to explain their concerns and needs to each other with the support of a professional mediator. The process is voluntary, confidential, and future-focused. Mediation helps clients move on from the difficulties of the past to find their own set of mutually acceptable solutions for the future which include; making arrangements for children, and working through the financial side of things to a legally binding agreement.

Mediators are neither judges nor legal advisors; they are neutral, independent, specialist professionals who help clients to have a difficult conversation and find their own way forward. Mediation provides a safe and informed process for clients to be heard and understood, and to reach their own agreements.

The mediation process is without prejudice so that on the rare occasion that a financial settlement is not reached, a more formal legal process may continue without either of you worrying that you may have disclosed anything that the other could use in court.

Mediation is wholly child focused and the welfare of any children will be the most important consideration in any discussion. Clients are helped to move on from being parents who live together to find a good working relationship as parents who live apart. This is an important transition process and brings benefits to the whole family.

How does Mediation work?

Both clients are offered an initial appointment, referred to as a MIAM (Mediation Information and Assessment Meeting) on a one-to-one basis, to determine the suitability of your case for mediation. This meeting gives you the opportunity to explain your situation in full and to find out more about the mediation process. You will be able to ask any questions and discuss whether mediation is appropriate for you and, if not, what other options might be available. The discussion will be completely confidential and nothing will be reported back to the other client unless you specifically ask the mediator to do so. If you decide to mediate and if finances are to be addressed, you will be given homework to complete prior to the first mediation appointment.

After both clients have met with the mediator separately for these one-hour intake meetings, you will then be able to arrange a joint mediation session with the mediator. Both clients will be present at this mediation session, although you do not necessarily have to sit in the same room and the process can be completed virtually.     

The joint sessions last 1.5-2hours and usually you will require about 4 sessions but this all depends on the complexity of the issues

 that need to be resolved and the willingness of parties to adopt a give and take approach.                 

Upon a set of proposals being reached, the mediator will draw up a Memorandum of Understanding. You may each take a copy of the memorandum along with an Open Statement of Financial Information to your respective solicitors who will prepare the necessary court documentation which once endorsed by the court make the agreements legally binding.

The government now expects anyone who wishes to start court proceedings regarding family matters, e.g., arrangements for children, or financial orders in divorce proceedings, to first have a MIAM meeting with a qualified mediator. This regulation has been introduced because it is generally believed that it is better for couples to reach their own agreements rather than go to court, which tends to exacerbate the conflict as well as taking longer and being more expensive than mediation.

In our experience most couples reach agreement in mediation. Where mediation is deemed unsuitable or one of the parties does not wish to mediate, anyone making an application to court will need to have a court document signed by a mediator.

If you are on a low income, you may be able to get legal aid to pay for mediation. This would cover your introductory meeting and the first joint session of mediation, even for the party who does not qualify for legal aid. Full information on this can be found on the Family Mediation Council website, including details of local Legal Aid services.

The Ministry of Justice set up the Family Mediation Voucher Scheme in response to Covid-19. It is to encourage more people to consider mediation as a way to resolve their family law disputes outside of court. This scheme is currently available until 2025. You may be able to get a non-means tested voucher of £500 towards mediation costs if children are being discussed.

Only mediators authorised by the Family Mediation Council are taking part in this scheme and it is to help support family disputes without the need of going to court. For further information contact https://www.gov.uk/guidance/ family-mediation-voucher-scheme