Family Mediation

Mediation is often misunderstood. Sometimes people think that by taking part they are obliged to agree to the outcome. That is not the case. The outcome is decided by the parties to the mediation themselves. All that the mediator does is facilitate an agreement by questioning and by comment.

Another fear of mediation is that you do not want to see your former partner or that you will feel pressured to agree to something. Again nothing could be further from the truth. The mediation usually takes place with parties in different rooms with the mediator going back and forth to relay progress or otherwise.

Some parties dismiss mediation because ““I know that he/she will never agree with me”. It may well be true but very often views held by parties can mellow a little when the process is explained.

Mediation remains a cost-efficient and relaxed method of removing disagreements /issues between the parties. Even if there isn’t complete agreement the issues can be reduced so that when the case goes to Court the time spent in Court is less and therefore saves the parties in legal fees.

The mediation process is in two parts. The first stage is the Mediation Information and Assessment Meeting (often referred to as MIAMS).

The parties to the mediation take part in the MIAMS at different times. The mediator will at that meeting suggest whether the mediation process is suitable and what information is needed for the mediation. Not all disputes are suitable for mediation. Each party pays a fee for the MIAMs and if the dispute is suitable then the mediation date. If the dispute is not suitable for mediation or one or other parties refuse to carry on a Form C100 is completed so that you can go to Court. I will arrange for the C100 to be completed by a different mediator. There is a charge for the party seeking the form.

A typical family mediation might last about two to three hours although no specific time is set. Each party pays a fee for the mediation and each party is entitled to leave the mediation at any time but the mediator would hope that an early departure was not made. If the dispute resolves then the agreement can be recorded. If there is no agreement then again a C100 form can be provided.

Unless an agreement is reached everything that is said in the mediation is what lawyers call “without prejudice” meaning that it cannot be used in Court. This protects the parties from making attempts to settle the dispute without damaging their arguments in Court later.

If you wish to have a no-obligation discussion then simply call the office on the number below. We can offer mediation by remote means if needed and mediation outside of normal working hours.

You can find out more about mediation in family matters by going to: https://www.familymediationcouncil.org.uk/family-mediation/.

To contact our Family Mediation team, please call 01744 742360, or click here to email info@sthelenslaw.co.uk.