27- 31 January 2025 is Family Mediation Week. This is an opportunity for family law professionals to raise awareness of family mediation and of the benefits it can bring to separating families
Anna-Mei Streather, one of our solicitors who specialises in Finance Matters on divorce and Private Children matters explains what mediation is all about:
When a family dispute arises, whether about finances, property, or arrangements for children, emotions often run high. This can make it difficult for constructive conversations to take place which can delay solutions.
Family mediation offers a practical, less adversarial alternative to court proceedings.
Mediation Information and Assessment Meeting (MIAM)
What is a MIAM and why is it important?
A MIAM (Mediation Information and Assessment Meeting) is the first step in the mediation process.
The purpose of the MIAM is to:
– Help you understand what mediation is and whether it’s suitable for your situation.
– Explore whether mediation could be a better way alternative than court.
– Give you the opportunity to ask questions about the process. It is a confidential, one-on-one meeting between you and a trained mediator. (Your ex-partner attends separately unless you both agree to meet together.) If mediation is deemed appropriate, it can significantly reduce the time, stress, and expense involved in resolving your dispute.
What happens after a MIAM?
- Mediation Sessions Begin: If both parties agree that mediation is suitable, sessions will be scheduled. Each session typically lasts 1–2 hours and focuses on reaching a mutually acceptable agreement.
- Reaching an Agreement: Agreements reached during mediation can be documented and made legally binding – please contact a solicitor who will advise how to do this.
- Court Application: If mediation is not suitable, or is not successful, the mediator will issue a form that allows you to apply to court.
Costs:
If mediation proves to be successful in resolving your dispute, it is likely to be more cost-effective than court proceedings.
While costs vary depending on your location and the complexity of the issues, a MIAM generally costs between £100 and £150. Subsequent mediation sessions typically cost around £100–£300 per session per person.
Is Legal Aid available to assist with the cost of mediation?
Legal aid is available for family mediation if you meet certain financial eligibility criteria. If you qualify, your MIAM and mediation sessions could be free. Legal aid can also cover the cost for the other party’s MIAM and a first session of mediation, if they do not qualify themselves, encouraging both sides to participate.
Even where there is no legal aid available, you may qualify for a £500 mediation voucher if the issues to discuss include arrangements for the children.
When can mediation be effective?
Mediation is an excellent option when both parties are willing to cooperate and discuss matters openly. It’s particularly beneficial for:
- Agreeing on child arrangements.
- Dividing property and assets in a divorce.
However, mediation may not be appropriate in cases involving:
- Where there has been domestic abuse or coercion.
- Urgent issues that require immediate court intervention.
- A complete breakdown of communication where one party refuses to engage.
Why Choose Mediation?
Mediation is designed and intended to build understanding and creating practical and workable solutions tailored to your family’s needs.
It is often quicker, cheaper and less confrontational than going to court. Importantly, it allows you to retain control in respect of outcomes rather than leaving decisions in the hands of the court.
What happens if one party refuses to mediate
Whilst attending the initial MIAM has been a requirement before applying to court for most family law cases for some time, there was previously no requirement to actually enter into joint mediation. In 2024 changes were made to the Rules that govern how Family Law matters are dealt with.
The changes give the court additional powers to encourage Non-Court Dispute Resolution. The Courts have reiterated that it is expected that there should be a “serious effort” to settle matters outside of court at all stages of proceedings, including before commencing proceedings. There could be cost consequences if you fail to mediate without any good reason to justify your refusal.
Legal Advice
Mediation should be considered in conjunction with Legal Advice, rather than instead of it, particularly in respect of financial matters. Your solicitor will be able to
- Make the referral to the mediation service on your behalf;
- Advise you on the issues that will be discussed, so that you are negotiating from an informed position;
- Between sessions, discuss any arrangements or agreement that have been discussed and seek advice on any legal issues that have arisen;
- Advise you on any proposed agreement and whether this would be fair and workable.
- If there is a need to formalise the agreement, assist you with the legalities
If you have a family law issues, and are considering mediation or need advice about whether it may be the right option for you and your family, contact us on 01785 336617 for an initial free consultation with Anna-Mei or one of our other Specialist Solicitors.