Mediation FAQs

  1. Is Mediation compulsory?

No. Mediation is not compulsory. Since April 2014 it is compulsory for people who are divorcing or separating and who want to make an application to the court about their children or finances to attend an initial meeting (or MIAM) with a Family Mediator before using the courts. This is for them to find out whether mediation may be suitable for them. (Exceptions are made in a few cases for example where there has been domestic violence.) However if after this initial meeting either of the couple do not wish to mediate then Mediation will not proceed. The government is keen to encourage people to mediate because it is quicker and cheaper than using the courts. Mediation also helps minimise conflict between couples separating. There is no longer any legal aid for divorce cases to go to court, many people on low incomes will be eligible for legal aid for Family Mediation.

  1. What is a MIAM?

A MIAM is a Mediation Information and Assessment Meeting. It is the first meeting between a client and Family Mediator, and the purpose of the meeting is for the Mediator to find out what the client wants to resolve, and to explain how the Mediation process works. If the client might be eligible for legal aid, the Mediator can calculate this based on the client’s income, for which they need to bring proof to the meeting. MIAMs tend to last between half an hour and an hour and usually separating couples attend them as individuals. Progressive Mediation gives free MIAMs.

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Divorce and Separation Mediation Case Studies

Everyone’s divorce or separation is different, but I think it’s sometimes helpful to read about what other people have gone through, particularly when you are feeling that there is no good way out of your situation. These are two recent cases we have worked on which I thought would be worth sharing. When they first came in both couples were very stuck and couldn’t see a way forward. Through Mediation both couples reached settlements which, if they were not exactly happy about, they could live with. Even more importantly communication improved dramatically and they could begin to build their new relationship as separated parents.

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