Mediation – What is it in relation to Family Law?

Mediation is a process where an impartial independent party, the mediator, helps parties to reach an agreement together. It is a voluntary process and offers a safe place to discuss the options available to resolve disputes.  It is a flexible way to deal with family matters outside of the court arena.

The aim of mediation is for parties to come to a mutually beneficial resolution, with the parties being in control of the outcome. The mediator will follow a structured process to facilitate and guide the process to empower parties to reach an agreed settlement.

The process is about finding practical solutions to issues in dispute to ensure they are long-lasting.  In regard to Family Law mediation can be used to resolve issues such as children disputes, matrimonial finance disputes and separated couples’ financial disputes.  As it is a voluntary process, parties engage by choice, fostering a more cooperative approach and promoting long-term resolutions.

The process is often quicker and more cost-effective than dealing with matters through the court process. This can reduce both the financial and emotional stress of contested proceedings.   The process is also confidential, meaning the contents of the discussions cannot be shared in court. Parties can, however, discuss mediation with their separate legal representatives.

The process

The first step for mediation is for each party to attend a sole mediation and information meeting, known as a MIAM. During this meeting the mediator will assess whether the case is suitable for mediation and inform you of the mediation process and other available options.

If suitable, the mediator will invite both parties to attend a joint mediation meeting. It may be that just one or a number of meetings take place, depending on the issues to be resolved.  If parties reach an agreement, this will be drawn up into a Memorandum of Agreement by the mediator.

Costs

Mediation sessions are charged at an hourly rate of £250 plus VAT per hour ( a total of £300). The amount is split equally for the joint sessions unless the parties agree otherwise.

Parties can also take advantage of the family mediation voucher scheme.  This scheme enables parties to claim a £500 voucher from the government to put towards joint mediation sessions.  You will need to pay for your initial individual MIAM.  The voucher scheme can be utilised for the following: –

• A dispute in respect of children matters;
• A dispute in respect of family financial matters where there are also children matters.

Is mediation right for you?

If you think mediation may be helpful to you and your situation…Talk to Tollers on 01604 258558 and ask to speak to Lynsey Ward.