Family Law

Family Mediation

We understand that divorce or separation can be a challenging time, often accompanied by disagreements. Our experienced Family Mediators are here to help find you an amicable resolution, prioritising the needs of any children involved to ensure the best possible outcome for your family. By tailoring our approach to your unique circumstances, we aim to help you avoid the stress and expense of Court proceedings. Our dedicated Family Law Solicitors are committed to helping you reach mutual agreements, and keeping the focus on what truly matters to you.

We offer several forms of Mediation including:

  • MIAMs (Mediation Information Assessment Meeting)
  • Family Mediation
  • Hybrid Mediation
  • Child Inclusive Mediation

Below, we discuss in further detail the forms of Mediation and commonly asked questions. If you have further queries or would like to discuss your situation through a free initial consultation, contact our Family Law department.

What is a MIAM (Mediation Information Assessment Meeting)?

A MIAM (Mediation Information Assessment Meeting) is one of the first steps to take when beginning the Mediation process. The meeting usually lasts for approximately one hour, providing the opportunity to discuss your situation with the Mediator and identify the matters requiring decisions. The Mediator will help you explore whether Mediation is a suitable option and recommend the best approach of Mediation for your circumstances. We can also refer you to other organisations for additional support if needed.

In most cases, attending a MIAM is a legal requirement before proceeding to Court, although exemptions, such as cases involving domestic abuse, do apply. It is important to note that a MIAM is not a form of Mediation itself but rather to assess your situation and plan the best course of action. Only Mediators accredited by the Family Mediation Council can sign the Court documentation confirming that you have attended a MIAM.

 

Family Mediation

What is Family Mediation?

Family Mediation is a process where you and your partner work together with a neutral, trained Mediator. The Mediator’s role is to guide constructive conversations, ensuring the discussion remains fair and balanced without taking sides, offering advice or making decisions for you. This approach allows you both to have a greater say in matters involving your children and financial arrangements, helping you reach agreements together rather than resorting to Court proceedings.

In some cases, Family Mediation can be conducted with each party in a separate room with the Mediator going between you if your relationship requires it; this is known as shuttle mediation.

How long does Family Mediation take?

Family Mediation can continue for as long as is necessary; some couples require just two meetings while others may need more. One benefit of Family Mediation is the flexibility regarding the timetable; meetings and their frequency can be arranged based on your availability and circumstances.

Is Family Mediation legally binding?

Family Mediation is not legally binding as it is a voluntary process and all discussions are on a “without prejudice” basis, which means they are out of Court discussions held with a view to reaching an agreement. This allows you and your former partner to talk openly, to make proposals and consider options.

Where agreements can be reached at Mediation, the Mediator will prepare a Memorandum of Understanding. You can then consider with your lawyer how and if you turn this into a legally binding agreement, such as:

  • A Separation Agreement about finances
  • A Parenting Plan concerning children

In financial matters, where there are divorce proceedings, the agreement can be incorporated into a Consent Order, which is legally binding.

If I refuse Family Mediation will it go against me in Court?

If you refuse Mediation without a valid reason, it could have consequences in Court. A form of Non-Court Dispute Resolution (NCDR), is generally required for all cases unless exempt due to circumstances such as domestic violence. If Mediation is deemed unnecessarily declined, the Court may choose to adjourn proceedings or impose cost penalties as a result.

What is the difference between Collaboration and Mediation?

The main difference between collaborative law and Family Mediation is that while Mediation has one independent third party, in collaborative law you will each have your own trained collaborative lawyer who will also offer you legal advice throughout the proceedings. While it is usual for everyone participating to be in one room, these processes are bespoke and can be tailored to your individual needs.

Hybrid Mediation

What is Hybrid Mediation?

Hybrid Mediation is slightly different to Family Mediation as its flexible approach can help address more sensitive and complex situations. This may be appropriate where there are safeguarding concerns or participants do not wish to see each other, for example.

This form of Mediation allows each party to work with the Mediator individually, creating a safe environment to discuss the options. The Hybrid Mediator will relay any information over to the other side without them having to meet each other. This can be done with you and your former partner being in separate rooms or having appointments at different times.

This method of Mediation can also involve input from other professionals such as accountants, independent financial advisers, psychiatrists and independent social workers as and when needed.

How effective is Hybrid Mediation?

Hybrid Mediation, as with any form of Mediation, can be an extremely effective way to resolve family disputes when going through divorce or separation, particularly in more complex cases. By working together with your Hybrid Mediator and other trained professionals when necessary, it allows both parties to work towards fair and informed solutions, often avoiding the time, cost, and stress of Court proceedings.

The trained Mediators will use their knowledge and skills to guide discussions, make suggestions, and keep sessions productive. Hybrid Mediation is beneficial both before and during Court proceedings, allowing a quick resolution and reduced costs. Its effectiveness will ultimately depend on your unique situation and circumstances, all of which we can discuss with you.

Child Inclusive Mediation

What is Child Inclusive Mediation?

Child Inclusive Mediation is a process where your child(ren)are given the opportunity to share their thoughts, concerns, and feelings about your separation with a trained Mediator. This ensures that their voices are heard in a safe, neutral environment without any pressure or expectation to take sides.

Due to the sensitivities involved, this will only be when it is appropriate for their ages.

When will my child(ren) be involved in Child Inclusive Mediation?

Your child(ren) can be involved in Mediation at various stages of the process, depending on when is most appropriate and beneficial. Your Mediator will discuss with both parents beforehand how and when the child(ren) will contribute, ensuring it suits their needs and circumstances.

Why choose Child Inclusive Mediation?

Child Inclusive Mediation is a valuable way to support your child(ren) during separation. It gives them a chance to voice their concerns and feelings without obligations to either parent, and it helps you understand the perspectives of your child(ren). The meeting is confidential, and your child(ren) can decide how their views are shared with you.

In many cases, this has enabled parents to work together and make decisions that align with the wishes of their child(ren), creating a more positive outcome for everyone involved.

Contact our Family Mediation Solicitors

To find out more about the Family Mediation options available and which method would best suit you, we offer a free initial consultation during which we will discuss your situation and advise our recommended next steps. Our dedicated Family Mediators are here to help you come to an effective resolution and avoid Court in a child-focused and cost effective way.

To book your free initial consultation with one of our Family Law Solicitors from our offices in Andover, Romsey, Salisbury, Totton and Witney complete our Contact Form, call your local office from the numbers below or email info@parkerbullen.com.