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Family Mediation FAQs

How does family mediation work? Family mediation has three main stages. 1. Initial Meeting, also known as a MIAM where each party meets the mediator separately to assess suitability; 2. Joint Mediation Sessions, when both parties discuss their issues with the mediator's guidance; 3. Agreement Drafting, takes place when agreements are reach. This summary document outlines the agreed terms and can be made into a legally binding document through a solicitor

Do I have to attend family mediation? Mediation is voluntary, but in most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court for child or financial disputes, unless an exemption applies (e.g., domestic abuse)

Is mediation legally binding? No, mediation agreements are not legally binding. However, once both parties agree, a solicitor can draft a Consent Order, which the court can approve to make it legally binding. Ark Mediation offer a full service package solution where we can facilitate drafting of legal documents

What issues can be discussed in family mediation? Mediation covers various family issues, including: 1. Child arrangements (custody, visitation, schooling, holidays) 2. Financial settlements (division of property, assets, pensions) 3. Spousal or child maintenance 4. Communication strategies for co-parenting 5. Any other family disputes related to separation or divorce

How long does mediation take? It depends on the complexity of the case. Simple cases may take 1-2 sessions, while more complex disputes (e.g., financial settlements) can require 3-5 sessions or more

What happens if we can’t reach an agreement? If mediation fails, the mediator will issue a ‘mediator’s certificate’ (FM1 form), allowing either party to apply to court. However, courts often prefer parties to have attempted mediation before legal proceedings

Can I bring my solicitor to mediation? Typically, mediation is conducted without solicitors present, however Ark Mediation offer an advanced model called Hybrid Mediation where clients can attend with their legal representative. This allows for real time legal advice and faster decision making

How much does family mediation cost? Costs vary based on your particularcircumstances but typically, your initial meeting (MIAM) and any subsequent joint mediation sessions start from £130 per person. Our end-to-end packages including mediation and formalising your agreement through a solicitor start at £799

What if my ex-partner refuses mediation? Mediation is voluntary, and if your ex refuses to attend, you can still proceed with a court application. The mediator will issue a form confirming the attempt to mediate

Can mediation help with high-conflict situations? Yes, mediators are trained to manage conflict and ensure a safe discussion environment. In shuttle mediation, parties are in separate rooms, and the mediator moves between them to facilitate negotiation

What are the benefits of mediation over court? 1. Faster & cheaper than court 2. Less adversarial – encourages cooperation 3. More control – parties make decisions, not a judge 4. Confidential – discussions remain private 5. Better for children – encourages positive co-parenting

  • How does family mediation work?
    Family mediation has three main stages. 1. Initial Meeting, also known as a MIAM where each party meets the mediator separately to assess suitability; 2. Joint Mediation Sessions, when both parties discuss their issues with the mediator's guidance; 3. Agreement Drafting, takes place when agreements are reach. This summary document outlines the agreed terms and can be made into a legally binding document through a solicitor
  • Do I have to attend family mediation?
    Mediation is voluntary, but in most cases, you must attend a Mediation Information and Assessment Meeting (MIAM) before applying to court for child or financial disputes, unless an exemption applies (e.g., domestic abuse)
  • Is mediation legally binding?
    No, mediation agreements are not legally binding. However, once both parties agree, a solicitor can draft a Consent Order, which the court can approve to make it legally binding. Ark Mediation offer a full service package solution where we can facilitate drafting of legal documents
  • What issues can be discussed in family mediation?
    Mediation covers various family issues, including: 1. Child arrangements (custody, visitation, schooling, holidays) 2. Financial settlements (division of property, assets, pensions) 3. Spousal or child maintenance 4. Communication strategies for co-parenting 5. Any other family disputes related to separation or divorce
  • How long does mediation take?
    It depends on the complexity of the case. Simple cases may take 1-2 sessions, while more complex disputes (e.g., financial settlements) can require 3-5 sessions or more
  • What happens if we can’t reach an agreement?
    If mediation fails, the mediator will issue a ‘mediator’s certificate’ (FM1 form), allowing either party to apply to court. However, courts often prefer parties to have attempted mediation before legal proceedings
  • Can I bring my solicitor to mediation?
    Typically, mediation is conducted without solicitors present, however Ark Mediation offer an advanced model called Hybrid Mediation where clients can attend with their legal representative. This allows for real time legal advice and faster decision making
  • How much does family mediation cost?
    Costs vary based on your particular circumstances but typically, your initial meeting (MIAM) and any subsequent joint mediation sessions start from £130 per person. Our end-to-end packages including mediation and formalising your agreement through a solicitor start at £799
  • What if my ex-partner refuses mediation?
    Mediation is voluntary, and if your ex refuses to attend, you can still proceed with a court application. The mediator will issue a form confirming the attempt to mediate
  • Can mediation help with high-conflict situations?
    Yes, mediators are trained to manage conflict and ensure a safe discussion environment. In shuttle mediation, parties are in separate rooms, and the mediator moves between them to facilitate negotiation
  • What are the benefits of mediation over court?
    1. Faster & cheaper than court 2. Less adversarial – encourages cooperation 3. More control – parties make decisions, not a judge 4. Confidential – discussions remain private 5. Better for children – encourages positive co-parenting are the benefits of mediation over court?

Use our 1-minute 'Do I Need A MIAM?' questionnaire to find out if you need an initial mediation meeting

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