With the Courts in England & Wales struggling with significant backlogs, this is the third of a series of articles where Family law expert, Sally Harris, explores alternative routes to resolve matrimonial financial claims without waiting months for a Court date.
Communicating successfully after separation can be challenging. Emotions can be running high and couples may not feel they are on an equal footing when it comes to discussing issues such as the finances and arrangements for children.
What is Mediation?
Family mediation is a series of face to face or Zoom meetings with discussions facilitated by a trained mediator.
- The mediator is neutral and will not advise either party, but if one or both of them needs legal advice during the mediation process the mediator will indicate they should take advice from their own solicitor.
- Shuttle mediation can sometimes be helpful where a couple cannot be in the same room. The mediator moves between the two separate rooms occupied by the parties to facilitate discussions.
What does Mediation cover?
- Typically mediation will look at how the family home is dealt with and how assets are to be divided between the parties. The income needs of the parties will be considered and any other financial matters including the contents of the former family home dealt with.
- Arrangements and financial payments for children are often successfully dealt with in mediation. Issues with regard to children involving grandparents can be dealt with sympathetically.
- Mediation is not limited in its scope and will deal with any family conflicts where the mediator feels it is appropriate and positive to do so.
Why Mediation?
- Mediation can be swifter, cheaper and less stressful than a Court application.
- The couple maintain control over the process rather than putting their personal affairs into the hands of a Judge for a decision.
- The couple can be as flexible in their arrangements and assessments they reach as they wish in mediation without having the rigid Court process in place.
Settlement
- If a settlement is reached the mediator will draft a Memorandum of Understanding and provide the couple with a copy. It will also be sent to their respective solicitors. The solicitors will advise each party on the suitability of the settlement outlined in the Memorandum of Understanding. If the couple are still agreed to move ahead, the Memorandum of Understanding is drafted into an order and filed with the Court for Court approval to conclude the matter for the couple.
What if settlement is not reached?
The mediator will indicate that mediation has been unsuccessful and will issue a form called a MIAM. This is a Mediation Information Assessment Meeting which is required before most cases can proceed to Court. Once the MIAM is issued either party can make a Court application.
Can I get Legal Aid for Mediation?
- If you are on a low income or not working, your mediator will check your eligibility for Legal Aid. This is means tested and you will have to provide documentation in support of your financial position. An Intake Session and Joint Sessions thereafter.
- The Governments voucher scheme has recently been extended and your mediator will advise if these are available to assist with your mediation costs.
If you would like to discuss whether this is the right approach for you, or for more information about Howes Percival’s family law services, please click here or contact Sally Harris at [javascript protected email address] or on 01603 580011.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
