Family mediation can help separating or divorcing couples resolve issues relating to finances, property and arrangements for children without going to court. Below, our Gloucestershire-based Family Mediator Helen Cankett answers some of the most frequently asked questions about family mediation, including MIAMs, mediation exemptions, shuttle mediation and how the mediation process works.
1. What is a MIAM?
A MIAM stands for Mediation Information & Assessment Meeting. It is the initial, individual meeting for anyone who is exploring whether mediation may be suitable and helpful to attend. At a MIAM, the mediator will provide information about how the mediation process works, explain other non-court dispute resolution options, and find out more about the individual’s situation, worries and concerns so that a full assessment of the suitability for mediation can be carried out. It will last at least an hour and will be confidential to you and the mediator.
2. Is family mediation compulsory?
No, family mediation is not compulsory. Whilst couples need to consider and use, wherever possible, some form of non-court dispute resolution, mediation itself is a voluntary process. The court can order someone to attend a MIAM but no-one can be forced to mediate. The fact that people come to mediation by choice is an important principle of mediation and ensures that couples are given the best chance of resolving their disputes.
3. What is a MIAM exemption?
In certain circumstances, an individual may be able to claim an exemption from attending a MIAM. These include if there is evidence of domestic abuse (which requires you to submit certain documents as proof, including confirmation of an arrest, conviction or ongoing proceedings for a domestic abuse offence), if the matter is urgent (and there are limited options to demonstrate this) and if you’ve previously attended a MIAM or some other form of non-court dispute resolution. There is also an “other” category which contains options such as the inability to attend a MIAM due to disability, lack of available mediators in the locality and if the person who wishes to make the court application is in prison.
The exemptions are very specific and must be considered carefully before use as the court has the ability to pause any court proceedings if it considers someone has selected an exemption without good reason.
4. Is an agreement reached at mediation legally binding?
No, an agreement reached during mediation is not automatically legally binding. Couples come up with proposals are mediation on which they can then seek legal advice if they wish to do so. The proposals will then need to be converted into a legally binding agreement, such as a Consent Order within divorce proceedings or a Separation Agreement.
5. Do I need a solicitor to attend family mediation?
No, you do not need a solicitor to attend family mediation. However, as a mediator cannot give legal advice, you may wish to appoint a solicitor to support you alongside the process. A mediator can provide a significant amount of information about the law in a neutral way to assist with the discussions. It can be very helpful for couples to hear this information together, as this can avoid misunderstandings which can led to disagreements.
6. What is shuttle mediation (separate room mediation)?
Shuttle mediation, sometimes called separate room mediation, is where the couple each sit in separate rooms and the mediator moves between them. This model of mediation can help couples who feel being sat in the same room as their former partner/spouse may prevent them from fully engaging in the discussions, but they still wish to mediate to try and find a mutually acceptable way forward. It generally takes longer to make progress with this model and the mediator will not keep confidences between the couple, with everything still being shared.
7. How many sessions of mediation will I need?
It depends, how many mediation sessions you need will depend on the issues you need to resolve. There is no minimum or maximum number of mediation sessions that a couple must attend. The process is tailored to each couple. However, it is common for couples wishing to discuss financial matters to need around 3 sessions and if there are child arrangements to consider too, then a further 2-3 sessions may be required.
8. How long is a mediation session?
A family mediation session will normally run for 90 minutes.
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.
