What happens during family mediation? How much does it cost? Can mediation help with child arrangements and finances? This article aims to answer some of the most common questions when it comes to the family mediation process.
What happens during family mediation?
Family Mediation is a process which supports separating couples with their discussions about how to separate their finances and make arrangements for the care of the children in a confidential and safe space. The mediator is impartial, which means they cannot give legal advice, but they will be able to provide a wealth of legal information to help the couple make decisions and arrive at proposals they are comfortable with. Couples in mediation can seek independent legal advice alongside their mediation discussions. Proposals created in mediation are not legally binding and will require documenting separately to ensure the final outcome of the discussions is clear.
How much does family mediation cost?
This will vary from service to service. However, the cost of mediation is generally much lower than using solicitors to assist with your discussions. You will be given information about the charges for mediation prior to and as part of your initial Mediation Information & Assessment Meeting (MIAM).
Legal aid is still available in certain circumstances and you will be told if the Mediation service you have approached is able to offer this and they will be able to assess if you are eligible.
There is also a Government voucher scheme in place which can be accessed if the service you contact is signed up to the scheme. This provides £500 towards mediation sessions, which must have child arrangements as their focus.
Can I use mediation if my ex-partner refuses?
No, mediation cannot take place with only one of the couple present. Mediation is a voluntary process and therefore no-one can be forced to mediate. However, separating couples are expected to consider whether some form of non-court dispute resolution could assist in resolving their dispute, before resorting to court proceedings. Your MIAM will give you information about other processes which may be helpful to consider if mediation cannot take place.
Can mediation help with child arrangements and finances?
Yes, it can and these are two most common topics for couples to discuss at mediation. At your first joint mediation session, you will each be asked to explain what you’d like to use mediation to discuss so that common themes can be identified and an agenda can be prepared for the sessions, as well as deciding what it feels important to you both to discuss first. As long as you both wish to discuss a particular topic, and the mediator feels they can assist you with that topic, you can discuss it.
If you are considering family mediation in Cheltenham or Gloucestershire and would like to discuss whether it may be suitable for your circumstances, please contact BPE's Family Mediator, Helen Cankett by clicking here.
