FAQs - Family Mediation

Paper cutout family and home

1.    What is family mediation?

Family mediation is a process of resolving conflict with your ex-partner in relation to matters concerning your property and finances or your children or both. The family mediator facilitates discussions regarding these issues with you and your ex-partner and works with you to achieve a mutually agreeable outcome.

 2.    What is a MIAM?

Mediation Information and Assessment Meeting (MIAM) is a one on one meeting with the mediator. Each party must attend a MIAM to find out about the process of mediation and other methods of resolving disputes, discuss your issues with the mediator and the mediator can assess whether family mediation is a suitable process to help you and the other party resolve your issues. Each party would attend their MIAM appointments separately so the mediator can assess whether mediation would be suitable.

 3.    My ex-partner is not willing to attend mediation, do I still have to attend?

Mediation is a voluntary process however, in order to lodge a C100 or Form A application to Court, you must attend your MIAM appointment so our accredited mediators can sign the Court form.

 4.    What happens after I have my MIAM?

If both parties are willing to proceed with mediation and are assessed suitable by the mediator, the next step would be for us to contact both parties to obtain their availability to set up a joint mediation session.

 5.    What happens if we reach an agreement?

As mediation is a confidential process, discussions which take place within mediation sessions cannot be referred to in Court as they are on a without prejudice basis. However, once an agreement is reached our mediators will prepare a Memorandum of Understanding which is a document setting out the matters discussed and the consensus reached. Once this has been approved by all parties you can take that document to your respective legal advisors who can make the agreement legally binding with the consent of both parties. In respect of mediation concerning finances, we also prepare an open financial statement which will contain a summary of your respective financial information.

 

Check out our dedicated Consilia Mediation website for more information about mediation and our two experienced accredited solicitor mediators, Laura Clapton and Sarah Manning. Alternatively, you can give us a call on 0113 322 9222 for more information or email us at mediation@consilialegal.co.uk.

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