Understanding the Family Mediation Process: A Step-by-Step Guide
Family mediation provides a structured and constructive way for separating or divorcing couples to resolve disputes related to children, finances, and property. Unlike litigation, which can be adversarial and costly, mediation encourages cooperation and helps both parties reach fair and practical agreements. Here is a step-by-step guide to what you can expect from the mediation process.
Initial Inquiry and Screening
The first step in the mediation process is making an inquiry, either via phone or through the contact form on our website. This is followed by an initial screening call where we briefly assess whether mediation is appropriate for your situation. We will ask some preliminary questions about your circumstances, ensuring that mediation is a safe and viable option for both parties.
Mediation Information and Assessment Meeting (MIAM)
Before mediation can proceed, each party attends a Mediation Information and Assessment Meeting (MIAM). This is a private, one-on-one session with a mediator where you will learn about the mediation process, discuss your concerns, and assess whether mediation is the right approach for you. This meeting also allows the mediator to identify any safeguarding or domestic abuse concerns that may affect the suitability of mediation. If mediation is deemed appropriate, both parties will be invited to the first joint session.
First Joint Mediation Session
During the first joint session, both parties meet with the mediator in a neutral and controlled setting. The mediator sets the ground rules and ensures that discussions remain constructive. The primary goal of this session is to identify the key issues that need resolution. This may include parenting arrangements, financial settlements, or property division. Each party is given the opportunity to express their views and concerns in a respectful manner, while the mediator facilitates productive dialogue. Each joint session lasts 90 minutes.
Shuttle Mediation
For cases where direct communication between the parties is not feasible or comfortable, shuttle mediation is an alternative approach. In shuttle mediation, the parties remain in separate rooms (or join separate virtual meetings), and the mediator moves between them, relaying messages and proposals. This method is particularly useful when there are high levels of conflict, safety concerns, or an imbalance in communication dynamics. While the process can take longer, it ensures that both parties can still work towards a resolution in a structured and supportive manner.
Further Mediation Sessions
Depending on the complexity of the issues, multiple mediation sessions may be required. These typically last 90 minutes and focus on exploring possible solutions, clarifying financial information, and working towards agreements that suit both parties. The mediator remains impartial, ensuring that discussions remain balanced and that all decisions are made voluntarily. If child arrangements are being discussed, the child’s best interests will always remain a central consideration.
Financial Disclosure and Document Preparation
For cases involving financial settlements, both parties are required to provide full financial disclosure. This includes income details, assets, liabilities, and pensions. The mediator assists in compiling this information to ensure transparency and informed decision-making. Once financial disclosure is complete, the parties can explore various settlement options with the mediator’s guidance.
Reaching Agreements and Drafting Documents
Once agreements are reached, the mediator drafts a Memorandum of Understanding (MOU) and, where applicable, an Open Financial Statement (OFS). These documents outline the agreements made during mediation and provide a clear framework for implementing the decisions. While these documents are not legally binding, they can be submitted to a solicitor to be made into a legally binding consent order.
Final Steps: Legalisation of Agreements
After mediation concludes, parties may choose to seek legal advice to formalise their agreements. If a financial settlement has been reached, a solicitor can draft a consent order for court approval. For child arrangements, parents can use a Parenting Plan to document agreements and maintain consistency in co-parenting.
Conclusion
Mediation is a flexible and collaborative process designed to help separating couples reach fair and workable solutions without unnecessary conflict. By focusing on dialogue and cooperation, mediation provides a cost-effective alternative to court proceedings, helping families transition smoothly through difficult times. If you are considering mediation, contact us today to discuss your situation and take the first step towards a resolution.