Family Mediation
Some families do not wish to get involved in Court proceedings and use Mediation to agree arrangements instead.
If you are going to Court, there is a requirement to engage in Mediation first in an attempt to resolve matters outside of Court. A Court will request proof that you have attended a MIAM (Mediation Information Assessment Meeting). This proof needs to be provided by a qualified Mediator.
What is Family Mediation?
All mediation is voluntary and is considered an effective way of resolving issues, before considering the possibility of going to Court.
Family Mediation provides the opportunity and safe space for individuals to meet (usually with an ex-partner), regarding issues that require discussion and for a plan to be agreed. This plan will include arrangements for matters related to co-parenting, property, financial separation, and other relevant issues identified during the ‘mediation information assessment meeting’ (MIAM).
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There is also the established ground rule, that recordings cannot take place by any party within the Mediation process, to ensure professional and ethical practice.
What is a MIAM?
A MIAM is a Mediation Information Assessment Meeting. If you are going to Court it is a requirement to attend a MIAM before Court proceedings.
A MIAM is the initial meeting that takes place between the Family Mediator and the client(s). The meeting usually lasts approximately one hour. The point of this meeting is to ensure each party has time with the Family Mediator separately. This one-to-one time with the Family Meditator ensures each party has individual and equal time within the MIAM process.
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A decision can be made following the MIAM whether the dispute can be resolved through Family Mediation and therefore avoid Court attendance.
What happens during a MIAM?
During the MIAM the Family Mediator will speak with each party individually. The Mediator will ask each party what issues they would like to discuss during Family Mediation to establish their individual priorities.
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The Mediator will share the rules for how both parties must conduct themselves during the Mediation process.
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On the completion of the MIAM, if the Mediator deems Mediation as suitable for both parties, Mediation sessions can be arranged.
How do I book Family Mediation?
It is a straightforward process. Contact is made to a registered/qualified mediator, and the mediator will then contact you both to arrange a time for a Mediation Information Assessment Meeting (MIAM).
Equal Mediation is a registered Mediator and can be found on the Family Mediation Council (FMC) website.
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There is the option of meeting in person, by phone or by video meeting. All options provide a safe and confidential space.
What happens during Family Mediation?
The mediation session usually lasts approximately two hours. Each party is given the opportunity to put their position forward on issues that require discussion. The Family Mediator will then help facilitate an agreement, where possible.
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Occasionally, agreement cannot be reached for all issues, and having attended several mediation sessions, you may discover that Family Mediation is not working for you. If this is the case, you may wish to apply to Court for a third party to make the decision for you. It is important to consider that regardless of how fair the Court process is, it is often wise to give Mediation your best efforts.
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The mediator will not share any information outside of the process, except where there is risk of harm to a child or vulnerable adult or where the Court requires disclosure.
Important exceptions to Confidentiality
It is very important to note:
Mediation is confidential except in two instances:
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Should either of you be involved in any criminal activity and it should come to light during your Mediation, the Mediator would be required to withdraw.
(Proceeds of Crime Act).When the Mediator is concerned that there is risk of serious harm to an individual/s, whereby referral to the appropriate Safeguarding agency is paramount.
Who is Family Mediation for?
Family Mediation is common in the following circumstances:
If you are considering separating from your spouse/partner
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If you have recently divorced or separated from your spouse/partner
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If you need mediation to help with your separation
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If you have children who will be affected by the separation
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If you need help reaching agreement on child arrangements / co-parenting.
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If you need help reaching agreement on property, pensions, or assets.