Family Mediation

How does Family Mediation work?

Mediation works by helping people who have decided to separate, end a civil partnership or divorce to talk things through. Mediation provides a supported opportunity to cut through the negotiation to get to the result that makes sense.

The Principles of Family Mediation

Mediation is an alternative to the more traditional approach of instructing lawyers and allows the decision making to remain with the family and not a third party. It can be a more cost effective and quicker process to resolve issues, but as it is a voluntary informal process, you both need to be willing to engage to find solutions and you cannot be forced to mediate.

The main principles of mediation are

1. Voluntary – although family courts do now expect parties to have attempted mediation before any litigation is commenced.
2. Confidential – save for limited exceptions which will be explained to you.
3. Impartial – the family mediator will not take sides or give legal advice but can provide legal information during the mediation.
4. You make the decisions. However, any agreement reached during mediation will only become legally binding once it has been approved by the court.
5. Safety – your safety during the process is paramount.

You can read more about the benefits of Mediation and also how to get the most out of your sessions here.

If you would like to discuss our mediation services further, please contact our Family Law department on 020 8771 5254 and ask to arrange a call with one of our Mediators.

What is a Mediation Information & Assessment Meeting (MIAM)?

The first individual meeting with a mediator is often called a Mediation Information & Assessment Meeting (MIAM). Whether it’s called a MIAM or a first meeting, it will cover the same things. The first meeting gives you the chance to find out how mediation works. It also gives the mediator an opportunity to hear your story, wishes hopes and concerns regarding your situation.
Mediators are trained to work out with you whether mediation is right for you and your family. During that meeting, the mediator will discuss how many sessions you may need and how much they would cost. Additional information about other services that provide help and support during this time can be provided. You may be required to attend a MIAM ahead of family court proceedings to see if an agreement can be made outside of court.

How much does Family Mediation cost?

The cost varies depending on the number of sessions. We outline the session costs here.

It is hard to predict how many sessions might be necessary. It is unusual for financial matters to involve fewer than two sessions or more than three and it is unusual for children issues to involve more than two sessions and sometimes those sessions will be some time apart so that agreed arrangements can take place for a while before the next arrangements are discussed.

What happens after Mediation?

When you have identified an arrangement for your finances or children which you want to proceed with you may have to obtain a court order or other legal documentation. The mediator will discuss this with you. They will also discuss how the proposed arrangement is sent to the lawyers. It is usual for the mediator to complete summaries which gives the lawyers what they need to advise you and do the paperwork with the least expense for you.

What’s next?

Amphlett Lissimore have mediators based at our Crystal Palace, Bromley and West Wickham offices. Each are members of Resolution, an organisation of family lawyers, who believe in a constructive, non-confrontational approach to family law matters.

If you would like to discuss our mediation services further, please contact our Family Law department on 020 8771 5254 and ask to arrange a call with one of our Mediators.