Family mediation is where an independent mediator assists you in coming to an agreement arising out of your separation. This can include child arrangements and financial settlements.
A mediator is there to assist in resolving your disagreements to a suitable conclusion that both of you are happy with. Any agreement will be confirmed in a Memorandum of Understanding and can be made into a Consent Order, which, if necessary, can be placed before the Court for consideration.
Should you wish to attend for mediation, you will need to be referred to a qualified mediator, which we can assist you with, for a Mediation Information Assessment Meeting (MIAM). The purpose of a MIAMS’s is to discuss all possible forms of Out of Court Dispute Resolution.
How does Mediation Work?
Once a referral to Mediation has been made, you will be offered separate initial appointments so that the Mediator can assess whether your matter is suitable for mediation or whether you require further assistance from your solicitors and, possibly the Court. If you matter is assessed as suitable, you will be offered a joint appointment. You do not need to sit in the same room as your ex-partner, and the meeting can take place by way of “Shuttle” mediation.
In certain circumstances, if your dispute is around child arrangements, you can request a Child Focused Mediation. Your children will be spoken to separately by the Mediator to enable the Mediator to understand what your children’s views are in respect of arrangements to spend time with each of their parents.
How much does Mediation Cost?
You may be eligible for the mediation voucher scheme, which is only available should your matter be assessed as suitable to progress with the assistance of a Mediator. The Mediator will discuss this with you at your MIAM. The voucher scheme would allow you to have a one off contribution of £500 towards the Mediator’s fees. Consideration will also be given as to whether you qualify for Legal Aid. Legal Aid is still available, for those who meet the means test, for Help with Mediation.
If mediation breaks down, or matters are assessed as “not suitable” you will receive a form that you will be required to attach to any Court Application. This confirms to the Court that you have considered non-Court dispute resolution (NCDR) and have attempted to resolve matters before you have applied to the Court.
What are the Benefits of Mediation?
The benefits of mediation is that matters can be resolved in a way which you may find less stressful, and may assist in opening up communication in a non-confrontational way, with your ex-partner. It also offers flexibility in terms of timescales and appointments, to suit both parties needs.
King Street Solicitors LLP have a team of experienced family lawyers who can assist you before, during and after mediation, in reviewing matters following mediation including dealing with any legal issues which need to be addressed, such as drafting of Court documentation.
Disclaimer: The content in this blog post is for informational purposes only and should not be seen as formal legal advice. King Street Solicitors is not responsible for any reliance on the information in this post. We do not take responsibility for the content of any external websites linked in the post. Any link to a third-party website should not be seen as an endorsement by King Street Solicitors.