What is Mediation?

 

Mediation is a voluntary process which can be used by separating or divorcing couples to assist them in resolving issues relating to finances or their children. 

 

A mediator is a neutral third party who is trained to help couples to arrive at proposals and arrangements by discussion, in a co-operative environment.   No decision can be imposed by the mediator.  The mediator is impartial and will not express a personal opinion or give legal advice.

 

If mediation is successful and an agreement is reached, the mediator will provide the couple with a written summary of the matters discussed and agreed.  This will not however be a legally binding document and therefore depending on the issues concerned, it may be necessary for the parties to each instruct a solicitor to record the agreement in a legally binding document.  

 

Mediation is suitable for many separating or divorcing couples, however it is not appropriate in all cases and therefore the mediator will need to meet with the couple first to assess whether mediation is appropriate and likely to succeed.  The mediator will only proceed if he or she is satisfied that both parties are committed to the process and when dealing with finances, that they are willing to provide full and frank disclosure of their finances.

 

What are Mediation Information and Assessment Meetings?

 

Since 6 April 2011, couples have been required to attend Mediation Information and Assessment Meetings (MIAMs) before issuing Court proceedings in respect of financial or children matters.    There are some exceptions to this requirement, such as where domestic violence or child protection issues are concerned.

 

Couples can attend the Mediation Information and Assessment Meeting together, or if preferred, separately.  The mediator will explain during the course of the meeting what mediation is and how it works.  There is no obligation upon the couple to proceed with mediation, as mediation is a voluntary process. 

 

In the event that either party decides that mediation is not suitable and that they wish to proceed with an application to the Court, they will need to file with the Court a form signed by the mediator confirming that they have attended a Mediation Information and Assessment Meeting, or that they fall within one of the exceptions.

 

The role of a Solicitor in the Mediation process

 

The role of a mediator is not to give legal advice, and indeed whilst some mediators are legally qualified, not all are.  Even if the mediator used by a couple is legally qualified, he or she will not be able to give legal advice.

 

Couples are therefore free to consult their own respective solicitors alongside the mediation process to advise on any issues arising from the disclosure of finances and proposed terms of financial settlement.