MEDIATION WEEK: Thinking of Divorce – Why Choose Mediation?
This week is national ‘Mediation Week’, a week during the year to raise awareness of mediation and how it can help in family relationship difficulties, like divorce.
If you are in dispute with your ex, or you’re having difficulties settling your separation, or you may be thinking about court proceedings towards divorce or a formal separation agreement, then mediation could well be the answer you’ve been looking for.
What is Family Mediation?
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Mediation can help you to resolve family disputes and relationship breakdown in an alternative way.
See more about mediation is this helpful leaflet.
How does Mediation work?
Before an application can be made to court, you are required to attend a Mediation Information Assessment Meeting, or ‘MIAM’ for short.
The aim is to see if mediation could be used to resolve your difficulties, rather than going straight to court.
The MIAM is a meeting between you and a mediator to find out if there are alternative ways to find solutions to your problems.
The Mediator will explain to you:
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what your options might be
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what mediation is, and how it works
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the benefits of mediation and other appropriate forms of resolving disputes
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the likely costs of using mediation
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if you are eligible for ‘free mediation’ and ‘Legal Aid’.
The MIAM meeting can be between the Mediator and just you, or with your ex-partner too.
How long is the MIAM meeting?
The meeting usually lasts around 45 minutes.
How much will Mediation cost?
You may be eligible for Legal Aid to cover the cost. But if not, your local service will be able to advise you of their charges. We provide a range of flexible packages and payment terms, including staggered payments.
What happens after the meeting?
The mediator will be able to tell you if your case is suitable for mediation. If it is, he or she will advise you of the next steps.
What are the benefits of Mediation?
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Mediation provides a safe, confidential environment, allowing you to discuss future arrangements for you and your family.
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Mediators are skilled at helping you navigate the legal and emotional maze that family breakdown can create.
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It is cheaper, quicker and less stressful than going to court.
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It helps provide long-term solutions that are in the best interests of you and your family.
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It is flexible and can accommodate all of your family’s unique needs, allowing you to keep more control over your own future.
Mediation can help you sort out:
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The first steps to take
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The options available to you
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Arrangements for your children
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Child maintenance payments
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Housing and accommodation issues
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How to settle finances, savings, joint debts, pensions and mortgages.
What happens if Mediation doesn't go ahead?
If, after your MIAM, it’s considered that mediation is not suitable in your case, the mediator will supply you with a form. Signed by a certified mediator, this form confirms that you have attended a MIAM. A court will then allow you to issue proceedings and you can still go to court if you need to.
“Mediation gives you more control over the whole negotiation process. It’s built around your needs, at your pace, and the Mediator is trained to be impartial, so the resolution you arrive at, will have had your input and opinions listened to.
All-in-all, it’s a far kinder and fairer resolution because it respects the emotions and views of the people involved. Children especially are spared the lengthy ordeal of witnessing argumentative parents who go on to loath each other for years to come.
In my book, and with the current delays in the family courts, Mediation is the way to go."
If you want to find out more about Mediation and how it works, get in touch.
Read more
More about Mediation Week [18-22 Jan 2021]
Mediation & Resolution Leaflet [more about the whole process]
Slow Courts – Family Disputes Turn to Mediation [28 Sep 2020]
