FIRST APPOINTMENT - MEDIATION INFORMATION AND ASSESSMENT MEETING (MIAM)
At the first appointment the Mediator will see you both separately. The principles of mediation will be explained together with what happens next and what is expected of you. The Mediator will also assess whether it is appropriate to mediate and whether or not you are going to be safe and comfortable in a mediation environment.
It is a requirement to attend a MIAM before you can issue an application to the court, save in exceptional circumstances.
If all the parties are willing to continue then a joint mediation appointment will be arranged and an AGREEMENT TO MEDIATE form will be signed by everyone to show willingness to participate in the process.
SECOND AND SUBSEQUENT APPOINTMENTS
The second and subsequent sessions will take place with all parties present.
The issues that need to be discussed will be established at the meeting. If financial arrangements need to be discussed then you will be asked to complete a financial information form and in due course provide supporting documentation. There is a requirement to provide full and frank disclosure of your financial position prior to discussing any proposals. Expert help may be required, depending on your circumstances, such as a pensions expert or forensic accountant.
The Mediator will help you talk through the issues and will use a flip chart to set out the main issues that need to be agreed. The Mediator is impartial and does not take sides or give legal advice. At any time during the process, you are free to consult with your solicitor. The Mediator is there to help and facilitate you reaching an agreement that is acceptable to both of you and in everybody's best interests.
Each session usually lasts 90 minutes or 2 hours. You are only charged for the sessions that you undertake. The number of meetings you will require will depend on the number of issues to discuss and their complexity. This will be discussed at the first appointment.
If the process is not working for you then you can withdraw at any time as family mediation is a voluntary process.
FINAL APPOINTMENT AND THE OUTCOME
When agreed proposals are reached the Mediator will prepare 2 documents: -
- 1) An Open Statement of Financial Information will be prepared if financial issues have been resolved. This is an "open" document, which means that it is a factual summary of the parties' financial details. This statement can be used in any financial application at court;
- 2) The second document is a Memorandum of Understanding. This is a summary of the proposals that you have made in mediation. This is a "privileged" document, which means it cannot be used in court proceedings unless both the parties consent. It is recommended that you show this document to your respective solicitors to obtain independent legal advice and then, if you are in agreement, it can be drawn up into a consent order and lodged at court, when appropriate.
CHILD INCLUSIVE MEDIATION
When parents make arrangements for their children following separation, many children and young people want the opportunity to be listened to and have their views taken into account. In mediation children and young people can be given this opportunity, if both parents consent to them being invited to do so. They are offered confidentiality to enable them to express their wishes and feelings and to then decide what messages they want their parents to hear. Children would usually need to be aged over 10 to be seen.
