Family Mediation Week is being run from 20 to 24 January 2020, but what is it all about?
The main thrust behind the initiative is to raise awareness and explain the benefits of family mediation for divorcing and separating couples. In short, family mediation can be cheaper, faster and less stressful than fighting things out in court.
Family mediation is not a new concept and over the past few years more and more people are being referred to family mediators as well as self referring themselves. It now seems to be common knowledge how anyone wishing to commence proceedings in the family courts for child arrangements and/or financial matters need to meet with a family mediator before doing so; subject to a few exceptions such as a history of domestic violence.
So just what is the family mediation process? Richard Hartley, a barrister and mediator at The Family Mediation Practice, has written a short guide below to give you an idea on how to go about it and what to expect.
MAKING CONTACT
There will generally be a family mediator close by and a quick Google search will give you a good local listing. There is also a great family mediator data base on the Family Mediation Council website – https://www.familymediationcouncil.org.uk/find-local-mediator/. The Family Mediation Council (FMC) is the registrar to which all family mediators need to be a member of and accredited by. If your family mediator is not on the FMC register you should go and find someone who is. FMC registered family mediators need to abide by a professional code of conduct, hold professional indemnity insurance and have the relevant qualifications.
MIAM
The first stage is to undertake a Mediation Information & Assessment Meeting, also known as a MIAM. This where your mediator will talk to you about your case and discuss the options with you. They will explain the difference between mediation and court based separations and divorces. They will explain how family mediation is voluntary; how mediation is confidential; how the mediator is impartial; how it is the participants who make the decisions, not a judge.
MEDIATION SESSIONS
If everyone is in agreement for mediation to go ahead the first sessions will be booked. Usually, family mediation sessions are conducted in one and a half hour blocks, although longer sessions can be available should it be appropriate.
The normal format is for both participants to be in the same room as the mediator to allow a free dialogue and discussion. The mediator is impartial and is not there to give legal advice, or make any judgement. It is for the participants to come to their own considered agreements during or after their discussions.
In some cases it is an issue for the participants to sit in the same room. In these circumstances a shuttle mediation can be arranged where each participant has their own room and the mediator “shuttles” between them.
A hybrid format, which is becoming more popular, is for online mediation. This is where the participants and mediator meet remotely though a video conferencing facility which obviates the need for anyone to travel to a mediation suite. This is particularly relevant when the parties live far apart or work commitments don’t allow for taking time off during the day. We have conducted online mediations when one participant has been located as far away as Australia, and many countries in between. Online mediation also means the participants can mediate from the comfort of their own home or office and many are finding it preferable to meeting in person.
The agenda for the mediation sessions is set by the participants and it is for the mediator to facilitate those discussions; help the participants focus on the issues at hand; and how best to move forward in the future. Family mediation is not about past blame but future relations, especially when children are involved.
The mediator will always suggest the participants take legal or professional advice when necessary and recommend they keep in contact with their solicitor.
SUCCESSFUL MEDIATIONS
After the mediation sessions and if an agreement is reached, the participants can request a formal document called a Memorandum of Understanding. Within this document the mediator will draft a summary of the mediation and those points which have been agreed. If the mediation has involved financial matters an Open Financial Statement will also be drafted.
If the participants want to formalise their agreement and make it legally binding, they are at liberty to pass the Memorandum of Understanding to their solicitor who will draft a court order.
WHAT TO DO NOW
If you require any more information or would like to speak to a family mediator please call us on 0333 567 0377, or click here to send a confidential email.
About The Family Mediation Practice
The Family Mediation Practice is a team of independent family mediators who help divorcing and separating couples to come to an agreement rather than fighting things out in the courts.
Depending on your circumstances, legal aid could be available to fund your family mediation.
Contact The Family Mediation Practice
You can contact any of our independent family mediators direct by calling 0333 567 0377. You can also send a confidential message by clicking here.
