guide to family mediation

how does family mediation work?

mediation is a process in which an impartial mediator can help the people involved in a dispute to sort out their differences quickly, peacefully and confidentially.

mediation

• focuses on improving communication and understanding between the parties
• builds towards practicable realistic solutions that meet everyone’s needs
• is voluntary - all parties in a disagreement must agree to take part
• is completely confidential, with the understandable exception of serious child protection issues. Any discussions are ‘legally privileged’ and cannot be disclosed to a court without permission of both parties.

family Mediation is designed for couples who are separating or divorcing, and for their family members.  It has a very high success rate and provides the framework to make decisions for the future.  Depending on your circumstances, mediation may relate to the future of children only, or it may also include decisions on financial arrangements.  We call this All Issues Mediation (AIM).  Mediation can start before or during separation, or after a divorce. Other family members can be involved to reach agreement over contact arrangements with children.

the courts now strongly urge mediation in cases relating to children and issues of property and finance, and at a later stage a court may also insist that you try mediation. if you wish to apply for public funding you may find that you are required to try mediation first.

new! from 6th of April 2011 anyone wishing to make a private law application to the family court in respect of children or finance will be required to make a referral to a family mediation service.  click here for more information.

about our mediators

we have a wealth of experience in family mediation and a successful track record in achieving resolution. Our carefully selected, independent, qualified mediators are accredited by recognised national bodies and whichever mediator is assigned to your case, you will benefit from the combined experience of the team.

mediators are independent and neutral facilitators, they do not take sides or give advice, and they do not make judgements or take decisions. Their role is to manage the process fairly, and to help people to communicate and explore options.

how to start the process

our mediation service can be accessed at any time during the separation or divorce process. Initial contact can be made by one or both partners or by a family member such as a grandparent, or by a solicitor.

in an initial telephone discussion we will explain the process in more detail and give some idea of the costs involved. Then, if you decide to go ahead, we will offer an Information and Assessment meeting.

what happens next?

the free information and assessment meeting gives each party a confidential opportunity to explain their point of view and discuss any issues which may need to be resolved. These individual meetings also provide an opportunity to decide whether mediation is right for you.

information and assessment meetings last up to 45 minutes at one of our offices.

reaching agreement

if all parties are willing, the mediator will invite them to a series of mediation sessions. These meetings last up to 90 minutes and a typical case will take between 1 and 4 sessions to reach full agreement – depending on the complexity of issues involved.

the mediator will ensure that everyone has full opportunity to air their views and will encourage the parties to explore possible solutions, taking into account the views that have been expressed. During the discussions the mediator will encourage both parties to explore what is fair, realistic and best meets the needs of the family, especially of the children.  In some cases it may be helpful for the children’s views to be consulted and the mediator will discuss with you whether this is appropriate in your case.  The parties discuss and agree which outcomes are best with regard to each issue.

all Issues Mediation - after the initial session both parties will be asked to complete a financial disclosure pack and collect information detailing income, expenditure, assets and liabilities.  This pack covers the same information as a solicitor uses in the Form E.

this information will be used to prepare an Open Statement of Financial Information which will form the basis for your discussions and proposals.

what records are kept?

all clients are asked to read and sign a copy of our terms of mediation prior to the joint mediation sessions.  This document outlines our policies on issues such as payment and cancellation of appointments.  At the first session both parties are also asked to sign our Agreement to Mediate which includes a commitment to be honest and fair to each other and to explore issues in future discussions open-mindedly.

after each mediation session a Mediation Summary will be produced by the mediator detailing any agreements reached in that meeting and any actions to be done for the next meeting.

in All Issues Mediation once you have completed your financial disclosure and reached an agreement you will receive two documents;  The Open Statement of Financial Information will explain your financial situation as you described it in mediation and is signed by both parties. Your proposals will be detailed in a Memorandum of Understanding which the mediator will sign.

factual information disclosed in the Open Statement of Financial Information are regarded as open, and may be used subsequently in court.

after the mediation process is completed details of your case are kept securely for 7 years before being securely destroyed.

what happens to the agreement?

the final documents will be shared with all the parties, and with your solicitors at your request.  It is not always necessary for the courts to make a court order. In cases relating to property and finance the final documents can be taken to your solicitor for legal implementation.

what happens if agreement can’t be reached?

if no agreement can be reached, then both parties will need return to their solicitors.

the discussions you had in mediation are legally privileged and this means they cannot be used in court.

if partial agreement has been reached, or where an Open Statement of Financial Information has been produced, if you both agree - your solicitor can use these to negotiate a final agreement.

if you decide not to continue

mediation is voluntary. For you to be able to make progress, both parties must actively and willingly participate. If you choose not to do so mediation will end and both parties will go back to their solicitors.

how much will it cost?

new! from 6th April Information and Assessment Meetings leading to mediation will be free of charge.  Public funding (legal aid) for family mediation is available through the Legal Services Commission and we will assess your eligibility at the Information and Assessment Meeting.  In order to receive public funding for mediation evidence must be provided to prove your entitlement. 

 If you are eligible for public funding the cost of the Information and Assessment meeting, mediation and work completed under the Pre- Application Protocol will be met by the Legal Services Commission. 

If you do not qualify for public funding or do not provide evidence to prove your entitement then you will need to pay the fees for mediation. We operate a discount system of fees, on a means tested basis, and as a guide each session will cost between £85 and £145 inclusive of VAT.

• in ‘All Issues’ or property and finance mediation, a Final Document fee will be charged, costing the equivalent of one mediation session.
• cancellation fees may apply if you cancel a mediation session at short notice and we will explain this clearly.

mediation is a financially effective way of agreeing arrangements for the future.  Using the legal process could cost you between £1,000 to £2,000 for children’s arrangements or £10,000 in an ‘All Issues’ dispute.

an additional financial benefit of choosing mediation is that the Statutory Charge does not apply to family mediation.  This means that if you quality for public funding you will not have to pay back your public funding from your financial settlement.

From 6th April the following charges will apply where an FM1 form is required:

FM1 Assessment and Certification Process £105+ VAT

FM1 certificate following the break down of mediation £25+ VAT

complaints and feedback

our aim is to provide an efficient and effective Mediation Services at all times. 

if there is any aspect of our Mediation Service which you are unhappy with please feel free to raise your concern initially with your Mediator.  Otherwise address any queries or concerns with our Quality Mark Manager quality@mediation-works.co.uk