The Mediation Process

Family mediation in England and Wales is a confidential and voluntary process that helps people resolve disputes collaboratively that arise from separation or divorce without going to court. It involves working with a trained, impartial third party called a mediator who facilitates constructive communication and guides you towards mutually agreeable solutions.

1. Information and Assessment Meeting (MIAM): This is a mandatory first step where you and your ex-partner meet separately with a mediator to discuss your situation and explore whether mediation is suitable for you. The mediator explains the process, assesses both parties needs and if both are willing and able to participate constructively as well as providing information about your options.
2. Choosing a Mediator: If you decide to proceed, you can choose a mediator from the Family Mediation Council (FMC) register. Mediators are qualified professionals with experience of family law and conflict resolution.

1. Joint Sessions: You and your ex-partner attend joint sessions facilitated by the mediator. The mediator encourages open communication, listens to your concerns, and helps you identify common ground.
2. Reaching Agreements: Through facilitated discussions, you explore options and work towards agreements on various aspects like child arrangements, finances, and property. The mediator doesn't impose solutions but guides you towards mutually acceptable compromises.
3. During the process separating couples need to be able to make decisions based on financial realities and children’s needs, while minimising conflict and upheaval. We will work with both of you to help you be realistic about your circumstances, and also help you to reach an agreement.
   Typical questions that arise in a meeting include:
   
   • Who will the children live with?
   • How will our assets be divided?
   • How will both of us have enough money to live separately?
   • Can I maintain my current lifestyle after separation?
   • What happens if we meet new partners?
   • How will we communicate during and after the mediation process?
     These are just some of the questions that will be on your mind if you are thinking about, or going through, a divorce. We can help you with all of them.

1. Reaching an Agreement: If you reach an agreement, the mediator drafts a Memorandum of Understanding outlining the terms. This document can be made legally binding with court approval. If finances are part of the discussion, then the mediator also produces an Open Financial Statement based on what you have both agreed in the sessions.
2. No Agreement: If an agreement isn't possible, the mediator will help you understand your options, which may include producing a C100 form so your case can proceed through the court and may suggest other alternative dispute resolution methods.