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A mediation information and assessment meeting. This is stage 1 in the mediation process. The purpose of this meeting is to meet the mediator, find out about the process of mediation and other methods of resolving your dispute and discuss your situation with the mediator. The mediator can then assess whether family mediation is a suitable process to help you and the other party resolve your legal dispute.
We would usually see you and your other party separately and if mediation was to progress, we would set up a joint session. If either of you are unwilling to engage in mediation or our mediator feels that mediation is not suitable then we can sign the Court certificate to confirm attendance at a MIAM (Form A or the C100) which you would need to issue a Court application.
It is a requirement save for limited exceptions that you MUST attend a MIAM appointment prior to issuing Court proceedings in relation to arrangements for children, or as to financial matters subsequent to divorce or civil partnership breakdown.”
Family mediation typically involves you sitting in the same room as the mediator and the other party. Mediation can however take place on a shuttle basis with you and the other party sitting in separate rooms. Our mediators can discuss this as an option at the assessment (MIAM) stage of the process.
We can also arrange for you to wait in a separate area to the other party and stagger leaving times if this would assist alleviate concerns.
Alternatively, we can carry out a shuttle mediation online with you and the other party in separate virtual rooms.”
Mediation is not an alternative to legal advice. Our mediators are specialist family solicitors and as such we have a good and sound working knowledge of the law and legal processes which is important when considering options. We recommend that you seek advice however from a solicitor between sessions. The reason for this is because we are the impartial third parties in the process and cannot provide individual advice. We can however discuss options and provide some explanation as to the law and legal processes.
Research shows that success rates of family mediation are enhanced when each party has independent legal advice when going through the mediation process, particularly in financial based mediation.
Mediation is a confidential process. Discussions which take place within mediation sessions cannot be referred to in Court. In legal terms this is termed as “without prejudice”. If you reach a settlement within the mediation process, our mediators will prepare a Memorandum of Understanding which is a document setting out the consensus you have reached. Once you have approved that documentation, you can (with consent of the other party) take that document to your respective legal advisors who can, where appropriate, seek that the Court make the settlement into a legally binding order.
In financial mediations, we also prepare a document known as an Open Financial Statement (OFS) containing a summary of your respective financial information which will help your solicitors prepare the necessary Court paperwork.
If you wish to engage in mediation with your spouse/former partner, you will need to attend a MIAM before any joint meetings can be arranged.
Where you wish to apply to Court, the law clearly states that save for certain exceptional circumstances you MUST attend a MIAM prior to issuing an application under the Child Arrangements Programme or an application for financial remedy pursuant to divorce or civil partnership dissolution.”
The length of the process depends very much upon the number of sessions required and the period of time between sessions. A typical process would involve the assessment stage and then 2 or 3 mediations lasting between 60 – 90 minutes 3-4 weeks apart. We are happy to work flexibly with you however to meet the needs of your situation.
Mediation is far quicker and cheaper than Court proceedings and aims to be a much less stressful process for all involved.
Mediation allows you to remain in control of the decisions affecting your future rather than handing over the decision making to a third party i.e. a judge.
If you have children with the other party, mediation can assist you to rebuild/retain a working dialogue with the other parent so that you can effectively co-parent your children moving forward.
Yes a child can speak directly to a qualified child consultant with both parents consent as part of the mediation process. Whether this is appropriate will depend upon the age and maturity of your child(ren) and the circumstances of your situation. This is known as child inclusive mediation (CIM).
CIM can be an effective method of enabling your child(ren) to talk freely about their views with a specially trained family mediator. It is a confidential process and our mediator will only report back what the child/children wish to be relayed to the parents.
