mediation in family law an introduction
An Introduction to Family Mediation Joseph Grynbaum
Relationship breakdowns
Facilitating communication
It is rarely easy when relationships come to an end. Feelings of anger, hurt, anxiety, distress, isolation, despair and guilt are common and understandable. But such feelings can prevent couples from properly communicating with each other on important issues, such as the future care of their children and how their finances should be sorted out after separation and divorce.
For many people, family mediation offers that better way. The primary purpose of mediation is is to facilitate better communication. It can enable potentially difficult feelings between couples to be properly channelled. Mediation helps both parties make their own informed decisions on matters that are important to them, rather than having these decisions imposed by a judge.
Many find that they become embroiled in an acrimonious court case at considerable emotional and financial costs to the family. In some cases this only ends with a judge making a decision which neither party are truly happy with.
Mediation is therefore an effective and cost efficient means of resolving family disputes, with the help of an approved mediator. The process is both voluntary and confidential, allowing the parties to freely discuss matters on a ‘without prejudice’ basis. Either party may withdraw from mediation whenever they like. The parties are also free to secure their own independent legal advice throughout the mediation process and are not bound by any proposals discussed at the meetings.
Could there be a better way?
The role of the mediator The mediator’s role is to facilitate discussions between the parties and to explore options. They are not there to give advice and they remain impartial throughout. The mediator is expected to assist the parties in checking the practicality of any proposals and to guide them to reach acceptable and workable solutions. The outcome reached is entirely within the parties’ control and is subject to securing independent legal advice. The mediator is required to prepare a Memorandum of Understanding which summarises the discussions that have taken place and the proposals agreed, to assist in the provision of that legal advice. They are also required to prepare an open financial summary based on the financial disclosure provided by the parties upon which any agreements are to be made.
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What happens in family mediation meetings? From 1 April 2014 it is now a requirement for parties to attend a Mediation, Information and Assessment (MIAM) meeting before issuing a court application for a financial or children order. Your solicitor will refer you to an approved mediator authorised to carry out a MIAM meeting. At this MIAM meeting the mediator will:
Each party will be free to propose the issues they want to discuss and in what order. The mediator will then set out the agenda for the meeting, including how much time is going to be allocated to each issue. They will then facilitate discussions and, at the end of the session, summarise what has been discussed and any agreements that have been reached. Finally, they will make arrangements for the next session.
How many sessions will be needed? ●
Explain to you the nature of mediation and the process involved
The number can vary from case to case but it is common to have five or more meetings before agreements are reached.
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Screen for issues of harm before deciding whether mediation is the appropriate forum to resolve matters between the parties
End of mediation
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Signpost you to essential services that can support the mediation process, such as counselling
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Go through an agreement to mediate, if both parties agree to engage in the mediation
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Certify (on Form A or Form C100) if the matter is considered not to be suitable for mediation, or that you have engaged in mediation but have failed to reach an agreement to allow a court application to be made
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Make the practical arrangements for the mediation sessions.
The first mediation session
At the end of the mediation process the mediator will prepare a Memorandum of Understanding setting out the background to the case, the issues discussed and the proposals made, on a ‘without prejudice’ basis. They will also prepare an open financial summary setting out the financial disclosure upon which any agreements are to be made. You will be asked to take these documents to a solicitor to put the proposals into a legal and binding Consent Order.
How we can help We offer a bespoke mediation service through our team of experienced family solicitors who are trained as qualified mediators. We are approved by Resolution to undertake MIAM meetings and have considerable experience of successful mediation.
In a first mediation meeting the mediator will: ●
Set out the ground rules for mediation, referring you to the agreement to mediate you have signed, including the need to respect one another and the mediator
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Set out his or her role in the process
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Remind you of the confidential nature of mediation and that both parties are free to secure legal advice at any stage of the process
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Client experience
Alison – West Malling, Kent
Remind you of the voluntary nature of mediation allowing you to withdraw from the process at any stage.
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Family Mediation Team Services for individuals include:
Jay Patel Partner T: +44 (0)20 3755 5650 E: jay.patel@howardkennedy.com
Alan Kaufman Consultant: Head of Family T: +44 (0)20 3755 5538 E: alan.kaufman@howardkennedy.com
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