Mediation is a process in which a separated couple agree to use an independent neutral third party to help them resolve matters relating to children and finances of a relationship.
To get the best of mediation, both parties need to be agreeable to engage with the process. They need to agree upon the mediator, location and cost. A referral can be made by one of the parties’ lawyers or parties can do a self referral.
An initial meeting takes place between a party and the mediator in which information gathering is useful.
This is called a MIAM (Mediation Information and Assessment Meeting). Once the mediator assesses the process is appropriate for the parties, arrangements will be made for joint meetings. How many joint meetings will depend on parties co-operation with providing information and documentation when required. Parties can reach out at any part of the process to seek independent legal advice.
Why should I use mediation?
- Can be quicker to resolve issues
- Can be flexible with timescales
- Can be less confrontational
- Usually cheaper than Court proceedings
- Can be used at any time
- Can preserve relationships between parties particularly if they have to continue co-parenting children
Do I have to mediate?
Mediation is strongly encouraged before any application is made to Court. Certainly, the Court’s expectation is that wherever possible, negotiations need to have occurred before any application is made to Court. Not every case however is suitable to be referred to Mediation, particularly if domestic abuse is an issue or whether an urgent application needs to be made. Mediation is only ever recommended where appropriate.
So what next?
Your next step should be to research the process further, which you can by clicking here to be taken to our Mediation Landing Page.
Or if you’d rather speak to our team directly at this point then you can do so by calling 0800 118 1500 or filling out our enquiry form below:
Disclaimer
The contents of this blog or any other published by Talbots Law cannot be considered as legal advice and should therefore not be acted on without prior consultation with a qualified solicitor or legal professional.