Frequently Asked Questions
Questions About Family Mediation
No. Family mediation is voluntary. There are other ways of resolving financial and children arrangements on separation or divorce. However, family mediation is recommended by judges and magistrates as a process you may wish to take before resorting to litigation. Family Procedure rules provide that in most cases before going to court at least an initial meeting is needed (MIAMs) and if not, a different form of Non Court Dispute Resolution (NCDR) should have been explored. There are some exceptions to this rule. Family Mediation is often considered to be the most amicable and cost effective way of separating finances and resolving arrangements for children.
Do we get advice from the mediator?
No. Family mediators will ask you both questions and help you structure your discussions. However, mediators can give information. This is not a substitute for legal advice, which will normally be recommended at some stage in the process.
Normally, a Memorandum of Understanding will be drawn up by your family mediator. This document will reflect your proposals. Agreements reached in mediation are not binding. Parties might then ask their solicitors to incorporate the proposals reached into a binding agreement.
No. Family mediation is confidential and without prejudice: nothing said in the mediation is admissible as evidence in court except factual, for example, financial information. When couples have reached an agreement, we recommend they go to their solicitor to make the agreement legally binding.
We see you individually for your initial meetings. In the initial meeting we take basic background information from you and give you information about the process. We assess suitability for mediation. We give you information about other ways to reach an agreement as well as mediation. If after seeing each of you, you both wish to proceed, subsequent sessions would be joint with some exceptions. If communication has broken down completely, we can have mediation meetings in separate rooms. This is known as “shuttle” mediation. We can discuss this option with you when we meet.
This depends on the type of mediation. Mediation involving both children and finances takes 3 to 5 sessions on average. Mediation involving just children or finances on divorce or separation normally takes fewer meetings. Where mediation involves complex assets, the mediation can take longer.
In children mediation sometimes people return after a few months to discuss their progress.
There will be an initial meeting where we discuss the process with you and agree that mediation is the preferred way forward. There will then be a series of mediation sessions before a resolution is reached. See Financial Mediation and Children Mediation.
In order for family mediation to work both parties need to attend sessions, either together or separately. We can send a form to the referring solicitor (or to you directly) known as an “FM1” or a “form A” or “C 100 certificate” if mediation does not proceed or breaks down. This means that if court proceedings are issued, the court will know that mediation was attempted. You can return to mediation in the future should you both wish to do so. The certificate lasts for 4 months. Receiving the certificate does not mean you have to go to court, but it is normally needed before court proceedings are issued. Please remember that you need to speak to a family law solicitor if you need advice about any applications or forms. The mediator does not advise.
Yes. If both parents agree. Whether or not it is beneficial to consult a child in mediation will depend on many factors and would be thoroughly discussed beforehand.
At Aurora Family Mediation we have mediators who are approved to see children. The mediator can chat with the child about the child’s thoughts and feelings. This will allow the child to provide their opinions to a neutral person. This can be particularly helpful if a child is saying different things to each parent.
It would not be the child who then makes the decisions. The mediator would advise the parents of the child’s feelings and both parents would use information to make their own decision about the best way forward.
Read more about Child Inclusive Mediation.
Yes. We will look at your assets and explore the division of any relevant investments. We can give you general information. We can also bring in financial experts, such as specially trained IFAs and accountants. They can work through these assets with you both in the meeting if needed. People can also choose to involve their own solicitors or experts.
Read more about Financial Mediation.
A MIAMs is a mediation information and assessment meeting. In this meeting we discuss how mediation would work as well as other ways of reaching agreement. This allows you to decide if mediation is the way you wish to proceed. We will also prepare for your first mediation session if you choose to proceed.
A MIAMs meeting is held individually. The fee is £100 plus VAT if online and £130 per person, including VAT if held in person. It is normally 45 minutes to an hour long.
We can provide a certificate confirming you have had a MIAMs meeting, after the meeting has taken place, at no extra fee.
Yes, we are members of the scheme. This could mean you would be able to obtain £500 between you towards the cost of mediation if you wish to talk about child arrangements in mediation. This is not means tested and you should not have previously used the voucher. www.gov.uk/guidance/family-mediation-voucher-scheme
Arrange a Mediation Information
and Assessment Meeting (MIAM)
We can send an information pack to you. Please let us have your contact details and we can send a pack to you inviting you to book in for an initial meeting. If you would like one sent to your former partner too please let us have details for you both.
On receipt of the pack if you would like to have an initial meeting (Mediation information and assessment meeting (MIAM)) please contact us with any queries and to book in your in person or online individual meeting.
