What is Family Mediation?
When relationships end emotions can run high and talking face to face can seem like the hardest thing to do. Sometimes you need help to get the talking started and focus on what really matters to you and your family. That’s where mediation can come in.
The idea behind family mediation is to assist the parties to reach agreement in relation to matters such as, who will continue to live in the family home, what happens to each parties’ pension and also in relation to the children, for example, which parent the child should live with and how much time the child will spend with the other parent.
Family mediation typically involves attending a series of meetings either face to face or online. Discussions are facilitated by a professionally trained mediator who will assist you in identifying the issues, trying to find a workable solution and gaining clarity about the next steps. The mediator can then provide a written summary of what is agreed at the end of the mediation.
Before any joint meetings, the mediator will have met/discussed with both parties individually to find out more about the issues that need resolving, giving each party more information about mediation and answering any queries the parties may have as to what happens next.
Mediation is a voluntary process and neither party can be “forced” to attend. You may however find mediation helpful to facilitate contact between you following the breakdown of your relationship. Mediation is cheaper than going to Court but any agreement reached within mediation is not legally binding and it will therefore be necessary for a party still to consult a solicitor so that any agreement reached can be embodied into a court order which the solicitor can then send to the Court for the Judge’s approval. That is when you will have a legally binding agreement.
The mediator is there to help the parties discuss issues between them. Family mediators do not express a point of view nor are they able to give advice.
The Ministry of Justice has launched a voucher scheme which will provide a contribution of up to £500 towards the mediation costs for eligible cases. If your issues solely relate to a financial remedy dispute/application you will not be able to obtain a voucher. However, if your issues relate to a child and to a financial remedy issue you can obtain a voucher subject to availability. The use of the mediation voucher is however restricted to assisting with funding of mediation sessions only and cannot be used to pay for a MIAM.
What is a MIAM.
Before making a court application for certain types of family law orders to include applications in relation to financial matters such as the house, pensions, spousal maintenance or children matters to include where the child will live and how often they will spend time with the other parent you will be required to attend a Mediation Information Assessment Meeting (MIAM) unless you have a valid exemption. A MIAM is a short meeting with a qualified mediator where you will be provided with information about mediation as a way of resolving your issues. The mediator will assess whether mediation is an appropriate option based on your individual circumstances. Both parties will need to attend MIAM before undertaking mediation.
If you or the other parent/person are eligible for legal aid you will qualify for a free MIAM with mediators that carry out legal aid work. If neither of you are eligible for legal aid you will have to pay for the MIAM.
If you require advice or assistance in relation to any family law matter please do not hesitate to contact RJT solicitors on 01257 228027 for a free 30 minute consultation.
