Family mediation aims to encourage separating couples to sit down together and work out solutions to the financial and family-based issues that can be part of separation or divorce. The goal is for both parties to come to an amicable agreement.
You do not have to go to mediation, but if you end up having to go to court to sort out your differences, you will normally need to prove you’ve been to a Mediation Information and Assessment Meeting (MIAM). There are some instances where you will not be required to attend the MIAM before going to court, for example, if you’ve suffered domestic abuse.
Before commencing mediation, it is important to understand your legal entitlements with regards to financial provision and arrangements for your children which we will advise you on first. When you attend the mediation session you can then be confident in your rights and realistic with your expectations. We will also identify any potential problems to try and resolve and suggest any questions you will need to raise.
The mediator we refer to will be a trained professional who are often also family solicitors as well. Mediators will remain independent and impartial throughout the process. They will not make any decisions for you but will help facilitate discussions to see if you can reach an amicable resolution.
You are likely to attend a number of sessions before your mediation concludes. Do not expect all your issues to be resolved at your first session together. It usually takes multiple sessions, so do not feel disheartened.
If an agreement cannot be achieved, or the mediator feels that it is not beneficial to continue with the mediation, at this stage it may be necessary to begin court proceedings.
If an agreement is reached at mediation, the mediator will draft a Memorandum of Understanding for you both to sign which will outline the terms you have agreed. This document is not legally binding, to make it so we can advise you further on obtaining a court order by consent to ensure the terms will be binding. If the agreement is regarding property and finances, it can be a good idea to apply to court for a ‘consent order’. This means you can take your ex-partner to court if they do not hold up their part of the agreement.
If you and your ex-partner are struggling to agree on the details of your separation or divorce and would like legal guidance on how best to resolve any issues you may have then please contact our specialist family law team on 0203 8695552 to arrange an appointment with our knowledgeable solicitors.