Family Mediation can help separating families manage their issues collaboratively and productively.
If you are considering Family Mediation to help resolve your family issues please call us on 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to arrange an initial consultation with our accredited Family Mediation specialist.
In addition to office meetings, we also offer remote meetings via telephone or video conferencing software so can assist you wherever you are based.
What is Family Mediation?
Family Mediation is the process whereby parties meet, in the presence of an independent third party – the mediator. The purpose of family mediation is to help parties reach an agreement whilst keeping them on amicable terms. Parties commonly go to family mediation to resolve issues in relation to:
- Divorce or dissolution of civil partnership
- Property and financial matters
- Children, including arrangements for contact and where the children should live or even more specific issues such as what school the children should attend
What is a Family Mediator?
A family mediator is a trained, independent third party who assists parties in coming to an agreement. The family mediator is completely impartial and will work hard to ensure that discussions do not become once sided, unbalanced or protracted. It is important to be aware that whilst the family mediator can provide information to the parties during the process, they are not there to provide legal advice. You can get legal advice from your solicitor at any time during the mediation process.
Do I have to attend Family Mediation?
In short, the answer is no and it is a voluntary process and where appropriate, we do encourage our clients to consider Family Mediation. It has a very good success rate and with the aim of keeping parties on amicable terms, it often works out far cheaper than going through the Court process. It may also bring finality to the matter much sooner too.
Additionally, should family mediation break down and an agreement not be reached, a Court application may be necessary to resolve the dispute. If an application to the Court needs to be made for financial remedy proceedings or Children Act proceedings, it cannot be made without first having attended a Mediation Information Assessment Meeting (MIAM). There are situations where you may be exempt from attending the MIAM such as where there has been domestic abuse or the application needs to be made urgently. Your solicitor can advise you if you are likely to qualify for an exemption.
What is a MIAM?
As mentioned above, a MIAM is the Mediation Information Assessment Meeting. It may also be known as the first meeting with a family mediator. Since April 2011, anyone who wishes to make an application to the Court for a dispute about children or finances must first attend a MIAM. The purpose of the MIAM is to determine whether the issues in dispute are capable of settlement though mediation, collaborative law or any other non court-based form of dispute resolution such as Arbitration.
If a Court application is made without having attended a MIAM (or having the relevant exemption), the Court may refuse to consider the application until attendance at a MIAM has taken place. This will cause unnecessary delay to your case.
What happens during Family Mediation?
Different mediators are likely to take different approaches but generally speaking, after you have had a MIAM, the parties will both sit with the mediator in a meeting room to discuss the issues and explore the possible options with you. It may be that the mediator asks the parties to collate documentation for financial disclosure where the finances are to be resolved enabling him/her to help you both work through the issues. Both parties should attend with an open mind and a willingness to compromise.
Sometimes, the family mediator will agree to hold ‘shuttle’ mediation sessions which is where the parties both attend the mediation session but they sit in separate rooms with the mediator ‘shuttling’ back and forth between them. This may be because communications have completely broken down between you. The mediator can discuss this option with you and whether it is suitable.
Given the current climate, family mediation may also take place on video conferencing software such as Microsoft Teams.
Once an agreement has been reached at mediation, the mediator will draw up a Memorandum of Understanding, which summarises the proposals made. The mediator will recommend that you take the proposals to your solicitor who will advise you on the terms.
How long does Family Mediation take?
There are many factors that affect how long family mediation takes. These include the availability of the parties to mediate, the complexity of the case and whether any issues have already been agreed. Generally, each session may last 1 to 2 hours and there may be several sessions that take place before agreement is reached.
How much does Family Mediation cost?
Every case is different. Some Family Mediation matters go on for longer than others and so cost more. Legal Aid is available for family mediation and the mediator will be able to assess your eligibility. If you feel you may be eligible for Legal Aid, it is important to let the mediator know so he or she can undertake an assessment or refer you to a Family Mediation Service that offers Legal Aid. If you are not eligible for Legal Aid, your family mediator will be able to give you an estimate of costs.
Is an agreement reached at Family Mediation legally binding?
An agreement reached at Family Mediation is not legally binding. It is confidential and without prejudice. Once you reach an agreement at family mediation, you can go back to your solicitor who will advise you as to incorporating the terms in a Financial Consent Order.
Do I need a Solicitor to attend Family Mediation?
Solicitors do not usually attend Family Mediation. Instead, parties will typically attend on their own and will take advice from their solicitor outside of the process. This may be during the process itself or at the end once an agreement has been reached.
Do I have to take anything to Family Mediation?
The family mediator will tell you what you need to bring but it would be a good idea to begin preparation for Family Mediation at the earliest opportunity. For example, if you are mediating as to finances and property, it would be a good idea to gather information as to your income, assets and liabilities which may include property valuations, details of the balance on a mortgage and value of your pension. It is likely the mediator will request documentary evidence during the process as part of the financial disclosure process.
What if Family Mediation does not work?
Family mediation has a very good success rate and often involves a lot of compromise. That said, it does not always work. In the event mediation breaks down, the mediator will inform your solicitor who can then discuss the next steps with you.
What are the advantages of Family Mediation?
There many advantages to Family Mediation which include:
Timing
The mediation sessions will be booked at a mutually convenient time for the parties unlike Court proceedings where you have to make yourself available for a Court Hearing.
Cost
If both parties attend with the aim of trying to reach an agreement, the process can be much cheaper than Court proceedings.
Control
Whilst there is likely to be compromise on both sides, you still retain an element of control and find a resolution that you agree and works for you both as opposed to having an Order made by the Court which you are not completely happy with.
Communication
It is likely to improve communication lines between the parties which in turn, reduces stress.
How Elite Law Solicitors can help
How Elite Law Solicitors can helpAs specialist Family Law Solicitors, we are able to offer mediation and have the experience and expertise to help couples reach agreement about the best arrangements for them and their families. These may be about financial arrangements, or the way in which the children are to be cared for.
If you have any queries relating to any of the issues discussed in this article or would like any advice or assistance in relation to Family Mediation, please make a free enquiry by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or completing our Free Online Enquiry Form.
The content of this article is for general information only. The information in this article is not legal or professional advice. If you require legal or professional advice you should obtain independent expert advice from qualified family law solicitors such as those within our firm.
