Family mediation can be a confusing process. Here we list the most frequently asked questions about family mediation. We hope it helps answer your question, but if not, just drop your question in the contact form below and we will get back to you with an answer.
Mediation is safe and private conversation between two individuals managed by a professionally trained and impartial mediator.
Learn more about Family Mediation below…
A Mediation Information and Assessment meeting (often referred to as a MIAM) is a one-to-one meeting with a professionally trained and impartial mediator. The MIAM provides potential participants with a safe and confidential space to discuss their issues and to discuss a range of options so that they can decide how to resolve their dispute. The mediator will provide a certificate to enable individuals to apply to the Family Court if mediation is assessed as unsuitable.
As mediation is voluntary, no one can be forced to mediate if they do not want to. The Family Court do however require most people (unless an exemption applies) to have a meeting with a mediator to consider family mediation (also known as a MIAM or Mediation, Information and Assessment meeting).
Mediation is voluntary and no one has to mediate as explained above. If there is evidence of domestic abuse, you may be able to claim an exemption to the requirement to attend a MIAM. Mediators are experienced in assessing whether mediation is suitable and will ensure that if mediation does go ahead that this is safe and managed appropriately.
Mediation can only go ahead if both participants are willing to engage with the process. If either participant decides not to go ahead, the mediator will sign the relevant page of the Court application form confirming who has attended a MIAM.
Family Courts generally prefer people to make their own decisions about their family where possible and this is part of the reason why the Family Courts encourage participants to engage in mediation. However, as mediation is voluntary no one should feel pressured to mediate if they do not feel that they can. If a mediator assesses mediation as unsuitable, they will not share any specific reasons so the Court would not know if it was a participant who had declined mediation or whether the mediator had assessed mediation as suitable. The form signed by the Mediator does however state who has attended a MIAM.
Children usually over the age of 10 can have their own meeting with a specially trained mediator (if both parents agree to this) to have their voices heard and to help them to express their wishes and feelings. This is known as Child Inclusive Mediation.
Whilst it is often better to have participants in the same room, this is not always possible and mediation can be arranged in separate rooms or spaces if necessary. The mediator will discuss this with you at the initial assessment meeting.
Yes. Legal Aid is available subject to an assessment of means. If one participant is eligible for Legal Aid, the other participant can have some of their costs (usually the MIAM and the first mediation session) paid for by the Legal Aid Agency.
There are also some vouchers that we can apply for which are not means tested and available for anyone who wishes to discuss their children’s arrangements in mediation. These vouchers provide £500 per family which can be used to help towards the costs of the mediation sessions.
Mediation is a protected discussion and any documents prepared summarising the proposals or discussions are privileged or “without prejudice”. This enables participants to reflect on the proposals and obtain advice from their professional representatives before they commit themselves to anything. It is possible to create a binding agreement and waive that privilege or protection afterwards if both participants are willing to do so. It is also possible to apply to the Court for a Consent Order to give effect to a mediated proposal.
Leanne Hayward, Founder – Shropshire Mediation
