What is Mediation?
A constructive way to make decisions about your future
The breakup of any relationship is painful and difficult, especially if children are involved. Family mediation offers a balanced, non-confrontational approach to resolving a wide range of issues in the presence of an impartial family mediator.
Family mediation gives you a structured and confidential space to work through decisions with the help of an impartial mediator.
How does it work?
The process begins with an individual
Mediation Information and Assessment Meeting. ( MIAM)
This is an opportunity for you to speak privately and confidentially, to explain your circumstances and ask questions about mediation. It is also your mediators opportunity to assess if mediation is suitable for your situation.
MIAM's are held on line and lasts approx. 45 mins.
If both people are willing to mediate, we arrange joint sessions, which can be held on line or in person. The sessions typically last 90mins, during which we will help you to work through the issues in a structured way.
We anticipate that three to five sessions will be required.
The decisions you reach remain yours.
What happens then?
When proposals are reached, these are formalised into a Memorandum of Understanding, an Open Financial Summary, or Parenting plan. These documents are then taken to your legal team who will prepare them into a legally binding document.
Self refer and book your MIAM here referral form.
Principles of Mediation
Mediation has four principles:
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Mediation is voluntary – courts expect families to attempt mediation before litigation begins, but no one can be forced to mediate.
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It is a confidential process (with some important limitations*). Discussions and proposals put forward in mediation cannot be referred to in legal proceedings.
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The mediator is impartial – mediators offer a non-biased approach. They do not give legal advice but give the parties the information necessary to make wise decisions.
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Client decision makers – mediators are merely there to help facilitate effective communication between couples so they can reach agreements that make the most sense given their unique circumstances. Any agreement only becomes legally binding once it has been made into a Consent Order by solicitors and stamped by the court.
*The exemptions to confidentiality in mediation are:
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If there are concerns that an adult or child is at risk of serious harm, the mediator has a duty of care to report it to the appropriate safeguarding agency.
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Financial impropriety - under Government rules, mediators may be required to disclose to the appropriate government agency if they suspect there has been a crime.
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Documents disclosing financial information during mediation are usually prepared on the basis that they can be used by either party on an ‘open’ basis, and can be used in evidence during a court case.