A Guide to Family Mediation

What is Family Mediation? 

Family Mediation is a form of Non-Court Dispute Resolution (NCDR) designed to help people reach an agreement in respect of issues stemming from the breakdown of their relationship. It involves an independent mediator facilitating discussions between the parties with a view to assisting them reach an agreement amicably between them. It aims to reduce conflict and promote constructive communication between parties, which is particularly helpful when there are children involved. 

Is Family Mediation compulsory? 

Family Mediation itself is not compulsory, however in order to make an application to the Court you will need a MIAM Certificate from a mediator. Recent changes to the Family Procedure Rules has meant that greater emphasis has been put on attempting to resolve issues outside of the Court arena, and Judges now have the ability to adjourn proceedings and order parties to try Family Mediation (or other forms of NCDR), if they consider it appropriate in the circumstances. If this happens and it is considered that NCDR has not been sufficiently explored or one party has unreasonably refused to engage in the Family Mediation process there can be adverse consequences in the form of Costs Orders. That being said, Family Mediation is at all times a voluntary process and both parties must be in agreement for it to continue. It is not always suitable in every case, and there is no ‘one size fits all’ approach – you must do what is right for you and your circumstances.

How do I start Family Mediation?

Once you have chosen your preferred Family Mediator, you will need to contact them to arrange a suitable time to have your Individual Mediation Information and Assessment Meeting (MIAM) with the mediator. During this conversation the mediator will explain the Family Mediation process and requirements to you and take a few more details from you about your circumstances. If considered appropriate to mediate, the mediator will then contact the other party and arrange their MIAM meeting. Once both of you have had your MIAM meeting, and the mediator has assessed the case as suitable for Family Mediation, then your first joint mediation session can be arranged. If, for whatever reason, Family Mediation is not suitable in your circumstances then the mediator can issue you with a MIAM certificate (which you will need in order to make an application to Court, as discussed above). It would then be sensible to discuss appropriate next steps with your Solicitor. 

What can I discuss in Family Mediation? 

You can discuss many different things during mediation – this flexibility is one of the key benefits of Family Mediation – from the division of assets upon relationship breakdown to the arrangements for the children. 

Will I need to provide details of my finances? What if the other party is not honest with their disclosure? 

Both you and your partner will be expected to provide details of your finances, as both of you will need to know what is available in order to determine what a fair outcome would be. It is very common for one, or both, parties to be concerned about the other hiding assets or not disclosing assets during mediation. Both of you would have an obligation to be full and frank in your disclosure, and of one party does not disclose something it could leave any agreement you reach open to challenge in the future. If one party does not engage in the exchange of financial information, then they risk the mediation breaking down and being unable to continue. 

Do I have to be in the same room as the other party? 

Traditionally, Family Mediation takes place with both parties sitting in the same room with the mediator (or, if being held remotely, both parties would be present with the mediator on the same call/video platform). Shuttle mediation is also an option, which involves the parties sitting (or being held remotely) in separate rooms and the mediator shuttling back and form between them. You should discuss with your mediator the most suitable option for you during the initial discussion with them so that the necessary arrangements can be put in place.  

Is Family Mediation only for married couples?

In short, no. Family Mediation can be for married couples, unmarried couples, separated parents etc.  Some Family Mediators are also qualified in ‘child-inclusive’ mediation whereby, if considered appropriate in your circumstances, your child(ren) can be spoken to by the mediator and their views on the arrangements being made for them fed back to the parties in their mediation.

How much does it cost?

This will depend on 2 things – who you chosen mediator is and how many sessions are required before an agreement is reached. Fess are typically charged as a fixed fee per sessions. There will also be costs associated with the mediator’s preparation of the Memorandum of Understanding and any Schedule of Financial Disclosure. On the whole, the costs of mediating to reach an agreement are lower than what the would be if you were to negotiate via Solicitors or make an application to Court.

Unlike legal fees, whereby the general rule is that each party pays their own, the costs of the mediator are usually shared between both parties – either in equal shares or as otherwise agreed between you. There is also a Family Mediation Voucher Scheme which is available in some cases, which can assist towards the costs of mediation.  

Do I need a Solicitor? 

It is important to understand that mediators are impartial, whilst they will have an understanding of the law and legal processes, they will not be able to provide you or the other party with specific legal advice. It is likely that at some point in the mediation process you will be recommended to take legal advice on the ideas being discussed in mediation or on the terms of a proposed settlement.  It is therefore often sensible to have a Solicitor instructed to provide advice and assistance alongside mediation. 

Traditionally, Family Mediation involves you attending mediation with the other party however Hybrid Medication is becoming more popular and involves you and the other party attending mediation with your respective Solicitors to provide support, guidance and legal advice as required.   

What can I do to prepare for Family Mediation. 

You will not need to take anything to the initial discussion with your chosen mediator, however some people find it helpful to have a list of questions/concerns ready to ask the mediator. As explained above, financial disclosure will be required, so it might be sensible to start gathering your financial information ready for the first joint session. 

It is also useful to take some legal advice before starting mediation, so that you can go into mediation well-informed and with a clear idea as to how to get the best out of your mediation. 

What happens after Family Mediation? 

If an agreement is reached, your mediator will prepare a document setting out the details of any agreement reached (a Memorandum of Understanding), and a summary of the financial disclosure provided if appropriate. In financial cases you should then have the terms agreed drafted into a Financial Consent Order by a Solicitor and sealed by the Court in order to formalise your agreement – a Mediator’s memorandum of Understanding is not legally binding. If an agreement is not possible in mediation, it is recommended that you take legal advice from your Solicitor as to the options available to you. 

We have an experienced and friendly Family Department here at Harold Bell Infields & Co who are able to provide you with advice before and alongside Family Mediation. We can also assist with the preparation of a Financial Consent Order or Parenting Plan. If Family Mediation is not successful, we can advise you as to the appropriate next steps. If you would like to speak to our Family Department about your options, please do get in touch – we are here to help. 

*Disclaimer: this article is for information purposes online and does not constitute legal advice.