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What is the family mediation process
The law in England now requires all couples to demonstrate they have attempted to resolve separation disputes through mediation. Whilst a mediator cannot issue you your divorce, the mediation process will prepare you with all the necessary documentation to help you avoid the need to attend court and prevent against lengthy drawn out court hearings over issues such as child maintenance, financial settlements etc. At ark mediation we will work closely with you and the other party to ensure a quick, robust and amicable outcome.
1. MIAM - Initial Meeting
At ark mediation, your mediation journey follow four key stages:
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1. The Initial meeting, and a requirement by the courts, also know as a MIAM (Mediation Information and Assessment Meeting)
2. Mediation Sessions, offered in various formats to suit your needs e.g. shuttle mediation in high-conflict situations, child inclusive mediation where kids are involved, and other formats
3. Outcome, resulting in documents drafted by your mediator to confirm what you agree upon. These can be made legally binding
4. Post-mediation six month check in with your mediator to see how things are going
2. Mediation Sessions
The mediator brings all parties together in joint sessions where open and respectful communication is encouraged. During these sessions, participants have the opportunity to express their perspectives, interests and needs. The mediator facilitates the conversation, promotes understanding and helps identify areas of agreement and disagreement.
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We recognise sometimes it is too difficult for individuals seeking mediation to participate in a joint session. Ark mediation can provide shuttle mediation to overcome this.
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In cases involving children, and where a child needs to be included as part of the mediation process, our team are trained in Child Inclusive Mediation (CIM) and qualified to speak with children aged 10 years and above. Younger children maybe considered on a case-by-case basis. Read more here.
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Our team are also trained to deal with cases that are circumstances involving
3. Outcome - Agreement & Documentation
The mediator assists the parties in generating and evaluating possible solutions. They help participants explore different options, consider the consequences of their decisions and find creative ways to meet their interests and needs.
When the parties reach a mutually satisfactory agreement, the mediator assists in documenting the agreement in writing. The agreement may cover various aspects such as parenting plans, division of assets, financial arrangements and any other relevant matters.
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The agreement can be made legally binding by a qualified solicitor. With a fixed legal package from ark mediation, we can take care of this for you, or you can secure the services of a solicitor of your choosing.
4. Implementation and Six-Month Follow Up
After the agreement is reached the parties may need to take steps to implement the agreed-upon terms. The mediator can provide guidance on the necessary actions and support the parties to address any challenges that may arise during the implementation process.
It is important to note that Family Mediation is a voluntary process and the mediator remains neutral throughout. The mediator does not make decisions for the parties but instead facilitates their communication and helps them find their own solutions. The goal is to promote understanding, improve communication and foster cooperative relationships within the family.
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Ark mediation offer all clients a free six-month follow up session. This is an opportunity to make further enhancements to your agreement based on how things are going.
Mediation Process FAQs
How long does the mediation process take? The number of sessions depends on the complexity of the issues. A straightforward case may be resolved in one or two sessions, while financial disputes or more complex cases might require three to five sessions. Each session typically lasts 60-90 minutes
Is family mediation confidential? Yes, mediation is entirely confidential. Discussions cannot be used as evidence in court, except in cases involving safeguarding concerns, criminal activity, or financial fraud
What are the benefits of family mediation over court? 1. Quicker: Mediation takes weeks, while court cases can take months or years 2. Cheaper: Mediation is significantly less expensive than legal proceedings 3. Less stressful: A cooperative process rather than an adversarial legal battle 4. Confidential: Unlike court cases, mediation remains private 5. Better for children: Focuses on reducing conflict and prioritising their well-being