What Happens at Family Mediation?

This week is Family Mediation Week which aims to raise awareness of family mediation and of the benefits it can bring to separating families. Family mediation involves a series of meetings with a specially trained mediator who helps couples in negotiating child custody or financial and property arrangements.

Mediation is used as an alternative to court proceedings to make decisions about family issues. Unless an exemption applies, such as a particular urgency or in cases of domestic abuse, anyone wishing to apply to court must first meet with a mediator to learn more about their options for resolving matters outside of court.

As separating couples can sometimes be unsure what mediation entails, below I outline the different stages of mediation and the benefits it can offer.

• The Mediation Information & Assessment Meeting (MIAM) 

The family mediator will set up confidential individual meetings with each potential participant to better understand the issues and concerns that they're experiencing. The mediator will then explain how the process will work and discuss the options available to resolve the issues that have been presented. The mediator will also consider whether mediation is safe and appropriate for the situation. These meetings enable participants to form a relationship with the mediator, allowing them to feel safe and comfortable to continue working alongside them in the future.

• The Meetings

If both parties agree to continue, the mediator will schedule a series of meetings with them both to begin exploring the issues they need to address while helping them consider their options. These meetings can either take place in the same room or online. It’s also possible for them to take place in separate rooms, with the mediator moving between them and the parties communicating indirectly through the mediator.

Mediation sessions are typically one and a half hours long, but the process can be tailored and adapted to meet the needs of the participants. In some cases, participants can be assisted throughout the sessions by their lawyers or other professionals. In financial cases, it's customary to exchange financial information throughout the process so that both parties are confident in the resources available to them.

In cases where the children are of an appropriate age, it’s possible for them to attend and meet with the mediator to express their views.

• Ending the Process

If the participants produce a set of final proposals with which they are both happy with, then the mediator will prepare a document summarising these as well as any financial information provided. Participants will then have the opportunity to seek legal counsel before entering into a binding agreement under the proposed terms.

However, the participants can be referred back to their solicitors for legal advice if the mediation process breaks down. The mediator will then make a detailed note of the outstanding issues to assist the solicitors. By identifying outstanding issues it also allows the participants to understand the key areas which need resolving, which may help them moving forward.

Most mediations are finalised in six months or less and is a much faster and cheaper alternative to family court. Alongside this, the process supports improved communication while producing better long-term results for those separating. Other benefits also include the flexibility and the confidentiality of the process.

If you’d like to learn more in how we can support you, please visit our family mediation webpage or contact us on 0370 1500 100.