guide to family mediation

how does family mediation work?

Mediation is a process in which an impartial mediator can help the people involved in a dispute to sort out their differences quickly, peacefully and confidentially.

Mediation

• focuses on improving communication and understanding between the parties;
• builds towards practicable realistic solutions that meet everyone’s needs;
• is voluntary - all parties in a disagreement must agree to take part;
• is completely confidential, with the understandable exception of serious child protection issues. Any discussions are ‘legally privileged’ and cannot be disclosed to a court without permission of both parties.

Family Mediation is designed for couples who are separating or divorcing, and for their family members. It has a very high success rate, and provides the framework to make decisions for the future. Depending on your circumstances, mediation may relate to the future of children only, or it may also include decisions on financial arrangements - this is called All Issues Mediation (AIM).  Mediation can start before or during separation, or after a divorce. Other family members can be involved to reach agreement over contact arrangements with children.

The courts now strongly urge mediation in cases relating to children and issues of property and finance. In April 2011 the Pre Application Protcol was introduced, requiring applicants to the family courts to consult with a mediator and consider whether the case is suitable for mediation. A referral will also need to be made if you wish to apply for public funding in order to go to court.

about our mediators

We have a wealth of experience in family mediation, and a successful track record in achieving resolution. Our carefully selected, independent, qualified mediators are accredited by recognised national bodies. Whichever mediator is assigned to your case, you will benefit from the combined experience of the team.

Mediators are independent and neutral facilitators - they do not take sides or give advice, and they do not make judgements or take decisions. Their role is to manage the process fairly, and to help people to communicate and explore options.

how to start the process

Our mediation service can be accessed at any time during the separation or divorce process. Initial contact can be made by one or both partners, by a family member such as a grandparent, or by a solicitor.

When you first contact us, we will explain the process in more detail and give some idea of the costs involved (see also our family fee page for more information on costs). Then, if you decide to go ahead, we will offer an Information and Assessment meeting.

what happens next?

The Information and Assessment Meeting gives each party a confidential opportunity to explain their point of view and discuss any issues which may need to be resolved. These meetings also provide an opportunity to decide whether mediation is right for you.

Information and Assessment meetings last up to 45 minutes at one of our offices.

reaching agreement

If all parties are willing, the mediator will invite them to a series of mediation sessions. These meetings last up to 90 minutes and a typical case will take between 1 and 4 sessions to reach full agreement, depending on the complexity of issues involved.

The mediator will ensure that everyone has full opportunity to air their views and will encourage the parties to explore possible solutions, taking into account the views that have been expressed. During the discussions the mediator will encourage both parties to explore what is fair, realistic and best meets the needs of the family, especially of the children. In some cases it may be helpful for the children’s views to be consulted and the mediator will discuss with you whether this is appropriate for your case. The parties discuss and agree which outcomes are best with regard to each issue.

In All Issues Mediation, both parties will be asked to complete a financial disclosure pack and collect information detailing income, expenditure, assets and liabilities.  (This pack covers the same information as a solicitor uses in the Form E.)

This will then be used to prepare an Open Statement of Financial Information,  which will form the basis for your discussions and proposals.

what records are kept?

All clients are asked to read and sign a copy of our terms and conditions. This document outlines our policies on issues such as payment and cancellation of appointments. At the first session both parties are also asked to sign our Agreement to Mediate, which includes a commitment to be honest and fair to each other and to explore issues in future discussions with an open mind.

After each mediation session, a Mediation Summary will be produced by the mediator detailing any agreements reached in that meeting, and any actions to be done for the next meeting.

In All Issues Mediation, once you have completed your financial disclosure and reached an agreement you will receive two documents. The Open Statement of Financial Information will explain your financial situation as you described it in mediation and is signed by both parties. In addition, your proposals will be detailed in a Memorandum of Understanding which the mediator will sign.

Factual information disclosed in the Open Statement of Financial Information is regarded as open, and may be used subsequently in court.

 

After the mediation process is completed, details of your case are kept securely for 7 years before being securely destroyed.

what happens to the agreement?

The final documents will be shared with all the partiesand, at your request, with your solicitors. It is not always necessary for the courts to make a court order. In cases relating to property and finance, the final documents can be taken to your solicitor for legal implementation.

what happens if agreement can’t be reached?

If no agreement can be reached, then both parties will need return to their solicitors.

The discussions you had in mediation are legally privileged, so they cannot be used in court.

If partial agreement has been reached, or where an Open Statement of Financial Information has been produced, your solicitor can use these to negotiate a final agreement if you assent to this.

if you decide not to continue

Mediation is voluntary. For you to be able to make progress, both parties must actively and willingly participate. If you choose not to do so, mediation will end and both parties will go back to their solicitors.

how much will it cost?

our fee structure will be changing from 1st April 2012.  Please see our family fees page for more information.

Please note that under the new fee structure there will be no additional fee charged for the issuing of FM1 documents.

complaints and feedback

Our aim is to provide an efficient and effective Mediation Services at all times.

If there is any aspect of our Mediation Service which you are unhappy with, please feel free to raise your concern initially with your Mediator. Alternatively, you can address any queries or concerns with our Quality Mark Manager quality@mediation-works.co.uk