Family Mediation
What is it? | Benefits | What I do | The First Meeting (MIAM) | What Happens? | What about Court? | Charges | Helpful Links
Sorting out family disputes without going to court
If you are separating or divorcing, family mediation helps you sort out the practical issues so you can move on with your separate lives. Mediation avoids large solicitors' fees and going through the conflict of court and is open to all couples, families and extended family members. As a professional family mediator, I can help you work out what happens after you split up by making interim arrangements as well as completing a final financial settlement or Parenting Plan. Mediation can happen at any time, even years after separation. Mediation works by helping people find practical, workable, realistic solutions that all parties feel comfortable with.
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The law says that you must consider whether mediation can help you before you take a case to court. This means you need to go to a MIAM (Mediation Information and Assessment Meeting) unless special circumstances apply, like domestic abuse.
Family mediation:
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Gives you more say about what happens. In court a judge will make the decisions, in mediation, both parties are in control and make the decisions.
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Is less stressful for both parties as mediation reduces conflict, which is less upsetting for you and, if you have them, your children.
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It improves communication between parties which benefits the family and focusses on the future.
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Agreements reached in mediation are flexible as they can be reviewed, and with joint agreement, can be changed as situations change.
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It is easier on your children when their parents/extended family co-operate and helps them continue important family relationships.
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It’s quicker, cheaper and provides a better way to sort out disagreements than long drawn-out court battles. It helps you get on with the rest of your life as soon as possible.
As a family mediator I am trained to work with people whose relationships have broken down. I will not try to get you and your ex-partner back together. I provide an impartial and non-judgemental service to help you find solutions that both of you can agree on. All our discussions are confidential and participation is voluntary. You stay in control because any decisions made must be agreed by all parties.
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Children
Mediation, like the family courts, assumes every child's right to a relationship with both parents, as long as it is safe physically and mentally, for all involved. It also follows the courts principle that the needs of children under 18 are paramount.
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CiM (Children in Mediation) provides children with a voice and opportunity to express any wishes and feelings they may have about the changes in their family and is an important part of the mediation service I provide.
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I completed my CiM training in 2010 which is regularly refreshed, so I can provide this service to the children of the parents I am mediating. This is with both parents' consent and the child's.
I also have an advanced DBS check. ā
Mediation is most effective in the early stages of marital breakdown, before the issues become big problems. However, if you’ve been separated for a while, have tried to reach agreement through solicitors unsuccessfully or your case has already gone to court, mediation can still help to resolve any dispute/s you have.
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The first step is to attend a MIAM (Mediation Assessment and Information Meeting) on your own. In this meeting you will find out more about mediation and you decide if you want to proceed with mediation or not. If you don't want to mediate, you will be provided with other options that could still avoid you having to go to court.
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You will be informed about the principles and benefits of mediation, how to prepare for the sessions and what will be expected of you. You will be given a breakdown of your mediation costs, how the process fits into the legal framework and documentation provided. I can also help you find other help and support services if you need them.
If you decide to mediate after your MIAM, depending on the complexity of your case, it usually takes 3-5 mediations lasting 1.5 hours to reach a solution. However, my service is flexible and the regularity and length of mediation sessions can be altered to suit your needs.
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When an agreement is reached, I will write it down in a ‘Memorandum of Understanding’ or ‘Parenting Plan’ so that everyone is clear about what has been decided. Agreements made in mediation can be made legally binding by a court if both of you agree.
You are entitled to seek as much or as little legal advice you want and at any time during the mediation process. You don’t need to see a solicitor first but if you do, they should tell you about mediation and a MIAM.
The law says you must consider whether mediation can help before you take your case to court. You will need to show the court that you have been to a MIAM to find out about mediation, or you don’t need to do this because of special circumstances, such as domestic abuse or child abuse.
If you decide not to go on to mediate after the MIAM I will provide the appropriate forms for court (C100 and Form A) which is included in the MIAM charges (see below).
Legal Aid
Unfortunately I am unable to mediate Legal Aid clients.
If you are eligible for Legal Aid (which is means tested for family mediation only) this will cover all your mediation costs (please go to Helpful Links tab).
Service Charges
If you are not eligible for Legal Aid you will still save money by mediating rather than going to a solicitor.
1. Mediation Information and Assessment Meeting (MIAM)
Sole MIAM (up to 1.5hrs) = £100
The MIAM charge covers, if required, the signing of family court application forms.
2. Mediation charges.
Each mediation session is 1.5 hours. Charges are based on each individual’s income and not jointly or per household.
To make family mediation more accessible to those on lower incomes I have a low rate charge and a high rate charge. In your MIAM you will be provided with a charges handout, informed which rate is applicable to you and given a breakdown of your mediation costs including any additional charges for paperwork/documents produced.
3. Help with Child Only mediation charges:
I am registered with the Family Mediation Council for the Government Voucher Scheme that provides up to £500 per family towards mediation costs where there are children involved. You will be informed if you are eligible and can apply.
If you’re on a low income you may be able to get Legal Aid. To see if you can get mediation for free with Legal Aid use the online Legal Aid checker at www.gov.uk/check-legal-aid or call the Civil Legal Advice service on 0345 345 4345 Monday to Friday 9am-8pm, Saturday 9am-12.30pm.
For more information on family mediation and to find Legal Aid mediators visit www.familymediationcouncil.org.uk
Child Only Mediation: For more information about the Government Voucher Scheme, please go to https://www.familymediationcouncil.org.uk/mediation-vouchers/.
For more general guidance about ending a relationship visit:
www.sortingoutseparation.org.uk