Mediation

Many separating couples would like to come to an agreement in relation to their children or financial affairs. They may not, however, be able to discuss the issues constructively between themselves. Mediation, (using either one or two mediators) creates the safe neutral space with highly skilled mediators to help you reach an agreement.

Mediation is an alternative method of resolving all the practical difficulties that arise when a relationship ends. It is a voluntary process which the courts actively encourage involving you and your partner meeting together with a neutral mediator or mediators to discuss the options available to you for sorting out their finances, ending their relationship formally and disagreements about your children. Because it is confidential from any court process, it enables discussions and concessions that would not be possible in the court process. This means that agreement is much more likely.

The mediator or mediators help you clarify what issues need resolution and what you hope to achieve. From there the mediators help you and your partner explore options and test which will work in practice. The mediators can help each person to speak and to be heard. If firm proposals are reached these are drawn up into a document. This document is not legally binding but you and your partner can subsequently choose to turn the proposals into a legally binding agreement if you wish.

Although not within the court structure mediation is conducted within the framework of the law and one of the key components of that framework is for both you and your partner to give full and frank disclosure of their financial situation.
Children are not automatically involved in the mediation but the mediators can discuss with you how to talk to your children about the changes that will be happening and help them to understand the changes. It is important that the views of any children are taken into account in issues that directly involve them and at Family Law in Partnership three of our eight mediators are trained to consult with children. These mediators will see children and feed their views (with permission) back into the mediation process.

We usually speak to both parties before arranging mediation and appointments can be made fairly quickly. Family Law in Partnership also has a franchise with the Legal Services Commission (for mediation only) for public funding. For those assessed as eligible for public funding (through claiming state benefits or by vitrue of low income) mediation is free of charge.

Mediation information and assessment meetings (MIAMs)

Since 6 April 2011 everyone wishing to start court proceedings in relation to children or to make a financial claim on divorce (except where certain exemptions apply) is required to first go for a meeting with a mediator to hear about mediation and other out of court options for settlement. The mediator will make an assessment as to whether the case is suitable for mediation. Mediation information and assessment meetings are available at Family Law in Partnership.