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Mediation
Family mediation helps if your relationship has broken down and you need to sort out practical issues such as child maintenance payments, settling finances, managing joint debt, arrangements for children etc. It is often the best and fairest way to resolve your disputes without incurring big legal fees or going through a long drawn-out court battle.
Mediation can take place before your case has entered the court system and even midway through this process. It can also be a long term solution used to help you renew the terms of your Memorandum of Understanding as your situation evolves.
Once you and the other party have agreed to mediate, Ark Mediation will determine what type of mediation format will be most effective in your case, for example joint mediation using a shuttle format.
Helpful information about Mediation
What is the difference between a MIAM and mediation?
A MIAM is the initial step to determine if all parties would be willing to undergo mediation. The mediation sessions would commence after the MIAM and when both parties have agreed to mediate. Mediation itself is a voluntary process but in the case of separation such as divorce, the parties would need to demonstrate they have considered and attempted mediation by attending a MIAM before proceeding with a court appeal.
What are the different types of family mediation?
Here at Ark Mediation we provide various types of mediation format to meet the needs of all parties involved. These include:
1. Hybrid mediation - is where the mediator will only share information between the participants which they have authorised to disclose. This allows the mediator to have separate, confidential meetings with each participant to help find a solution
2. Co-mediation - is a format involving two mediators working together with participants to help resolve issues and disputes. The mediators often come from different backgrounds and can help bring different perspectives to the conversation
3. Child inclusive mediation - is where a specialist trained mediator can speak to children to understand their wishes and convey these back to parents. This can be a highly effective method to resolve children arrangements and related disputes. Parents must give consent for the mediator to have these discussions with the children involved
4 Shuttle mediation - is where the participants are placed in separate rooms and the mediator will shuttle between each party. This format is on request and is ideal for situations where either party finds it too difficult to be participate in a direct conversation with an estranged partner
What happens at mediation?
After the MIAM, both parties will attend their first mediation session, which can last typically 1 to 2 hours. The total number of sessions required will depend on the complexity of the case but in our experience we see most couples requiring on average 4 sessions before they reach agreement. Once an agreement is reached, the mediator will write this up in something called a Memorandum of Understanding, so that everyone is clear about what has been agreed. Agreements made in mediation can be made legally binding by a court if both parties agree to it. Another advantage of mediation is that if one parties circumstances change over time, both parties can agree to come back to mediation to discuss and negotiate new terms.
Who pays for mediation?
Mediation is a much more cost effective route than resolving your issues via the court system. Please click here to see fees for each service we offer. It is now also possible to obtain a government backed voucher up to the value of £500 to contribute toward the cost of your mediation. Please speak to us about this, contact us. Please note we do not offer legal aid
Is family mediation right for everyone?
Family mediation works for most people. At the initial stage during the MIAM, your mediator will explain whether mediation will work for you, and conversely, if it will not. If it is not suitable, the mediator will explain other options available to you to still avoid going to court
Source:
Ministry of Justice