How does it work?
The process of separating is difficult for any couple, but family mediation can help you reach mutually agreed solutions on any issues which arise, in a non confrontational way.
What Is Mediation Information and Assessment Meeting (MIAM)
MIAM is a meeting between you and a mediator. It can only be conducted by a mediator who meets the criteria set by the Family Mediation Council. The purpose of a MIAM is for the mediator to assess whether mediation could be used to resolve the issues between you and your spouse or partner. You are required to attend a mediation information and assessment meeting (MIAM) before you can apply to the court for an order relating to your children or financial matters.
What will the mediator explain?
The mediator will discuss the issues that need dealing with, and will explain what mediation is, how it works, the benefits and the likely costs whilst also assessing risk factors such as domestic and family violence and vulnerability as well as covering urgency and financial eligibility for the mediation voucher scheme.
How long does a Mediation Information & Assessment Meeting last?
A typical MIAM lasts from up to 45 minutes – 1 hour.
What happens after the Mediation Information & Assessment Meeting (MIAM)?
If the mediator is satisfied that the issues you need to resolve are suitable for mediation, the mediator will contact your ex-partner and invite them to attend a MIAM. If you both agree, the mediator can then start the mediation process with you both.
If the other party does not agree to attend a MIAM or mediation then you will be given a certificate by the mediator so that you can issue court proceedings.
What is Family Mediation?
Family mediation is a confidential process in which a neutral third person (mediator) helps a separating couple to reach their own agreed decisions about issues arising from the separation, from arrangements for their children to achieving a financial settlement. It can be used by any couple whether married, unmarried or in a civil partnership.
What is the role of the mediator?
The mediator’s role is to act as a facilitator who has been trained to facilitate and evaluate proposals for solutions for a couple, using various techniques to improve dialogue and empathy between them. They have no power to force the couple to do anything or to impose any decision upon them. They do not give advice, but do give legal and other relevant information, to the couple who are mediating and also sign post them to other services they may need.
When can you attend mediation?
You can enter into mediation at any time following separation; during negotiations between your solicitors, or at an advanced stage of court proceedings. You do not have to have a solicitor to start mediation and couples often contact our mediation service directly. You may need to seek legal advice at some point in the future but the mediator will discuss this with you during the mediation process.
Before issuing a court application about your children or for a financial remedies order, you will normally first be required to attend a Mediation Information and Assessment Meeting (MIAM).
How does mediation work?
Before mediation begins, the mediator will speak to each of you or, if that isn’t possible, will communicate with you by email, to arrange the first session. At the first mediation session you will be asked to sign an Agreement to Mediate Form. Mediations take place with the couple in the same room as the mediator or can take place online. The first session is used to identify what the issues are that you want to address.
Where the issues to be mediated relate to financial matters, documents have to be disclosed to each other, the same as you would if you were dealing with matters in court, but it is much quicker as you are both together with the mediator who will help you understand what the documents mean and also help you to discuss the various options. When you and your ex-partner or spouse reach an agreement the mediator will then put together a written formal documents called a Memorandum of Understanding for you both to take to your own solicitors who will then draft a consent order for you to be filed at court in your divorce proceedings or if you are not married a separation agreement.
Is an agreement reached in mediation legally binding?
Agreements made in mediation are not legally binding. You will need to take any Memorandum of Understanding to your own solicitor who will advise you on its terms and, if appropriate, will draft a consent order to put before the court for approval by a judge.
How long does the mediation process take?
Mediation is a bespoke process controlled by the couple themselves. They decide what issues they want to mediate, for how long they want to mediate and how often they want to meet.
Each mediation session lasts around an hour and a half and most mediations involve around 3-4 sessions.
What if you are uncomfortable about being in the same room?
Family mediators will not allow you to mediate if they have concerns about your safety. They will not allow the mediation to continue if they feel that you are being unduly pressured or if mediation is being used by one of you as a tactic to delay a resolution through the courts. Sometimes,“shuttle” mediation can be arranged, where you both remain in separate rooms and the mediator speaks with you alone then speaks to your partner separately.
Always remember that Mediation is a voluntary process and you can withdraw at any time, if you no longer wish to participate.
Does mediation mean there are no lawyers?
Attending mediation doesn’t mean that you are excluded from taking independent legal advice. It is important that at some stage you receive legal advice, particularly if you are intending to enter into a financial agreement, Indeed most mediators much prefer that a mediating couple should be represented by lawyers whilst they are mediating.
Why choose mediation?
The process is confidential and impartial. It is voluntary; you only stay in the process, so long as both of you want to. It is less confrontational than normal negotiation or litigation through solicitors. You have greater control over what is happening. Finally, it is significantly cheaper than litigating through solicitors and/or the courts. Typically the cost for 4 mediation meetings and the assessment meeting (MIAM) will cost you less than £1,500 each. Whereas, the average costs to reach agreement through solicitors and/or court will cost you between £4,000 – £10,000 for children matters and £6,000 – £20,000 for financial proceedings.
