Mediation is a useful tool for sorting disputes or differences between yourself an ex-partner. During mediation, a neutral third party with no vested interest in the relationship will be used, known as a mediator.
In the below article, Bronte Ashworth, a Solicitor Apprentice in our family team at AFG explains what mediation is and what is involved in the process.
Mediation can be a more cost effective and faster way of reaching an amicable solution than with legal proceedings. You will also generally be required to have a first meeting with a mediator before you apply to court for certain proceedings, this includes all private family law applications to the courts, including those for Child Arrangements Orders, Specific Issue Orders, Prohibitive Steps Orders, Parental Responsibility Orders, alongside certain financial disputes.
MIAM
The first meeting with a mediator is known as a mediation information and assessment meeting (MIAM). At this meeting you will discuss what mediation is, how it can assist you, and you may be signposted to other services. If you apply to the court before you have had a MIAM, the court may pause proceedings and request that you attend a MIAM first. It is important that you attend the MIAM even if your ex-partner is not going to attend, if they refuse to attend, they may be ordered to pay some of your legal costs. The MIAM can be attended either together with your ex-partner, or you can see the mediator separately.
After the MIAM
If you choose to continue with mediation after the MIAM, you will need to attend mediation sessions, with the length and number of sessions varying depending on your situation. If an agreement is met, the mediator will create a Memorandum of Understanding that will outline what has been decided. Whilst not automatically legally binding, this can be made binding by the court if agreed by both parties.
If the situation with your ex-partner worsens after mediation, you can go back to the mediator and change the Memorandum of Understanding, if required.
If a decision cannot be made in mediation you should speak to a solicitor who will be able to advise you on your next steps.
Funding
Although less costly than legal proceedings, there is still a cost involved with mediation. If the dispute is regarding a child, you may qualify for a voucher to reduce the costs of the mediation. You can find out more about this scheme at Family Mediation Voucher Scheme – GOV.UK.
Legal Aid may also be available for mediation if you are on a low income, you can find out whether you qualify for legal aid at Check if you’re eligible for legal aid.
The costs of mediation will vary from place to place, with a MIAM costing around £120-£170 per person, and ongoing sessions ranging from £130-£170 per person per hour, though prices vary by location and mediator experience.
When you do not need to attend mediation
If your situation has involved domestic violence or child abuse, you may not need to attend mediation due to the special circumstances. The mediator can advise you on this at the MIAM, in which case, you can attend separately to your ex-partner, or you can take the matter straight to court if you are able to provide evidence.
Get in touch
If you need help with any aspect of separation or divorce, get in touch with AFG LAW’s specialist solicitors, based in Bolton, Bury and Greater Manchester.
Contact AFG LAW’s family department today by calling 01204 377600 or emailing familysolicitor@afglaw.co.uk for a free initial over the phone consultation.
We also specialise in Grandparent Rights. Click here to learn more about attending mediation and care proceedings as a grandparent.