Family Mediation

Family Mediation offers separating and divorcing couples a constructive and amicable approach to reaching an agreement on matters such as children and finances. Carried out in a friendly and non-confrontational environment with the intention of keeping the matter out of Court.

What is Family Mediation?

Family Mediation can help you resolve the issues surrounding your separation or divorce in a constructive and amicable way, which usually helps you both to move on with your lives in a way that traditional ways of resolving disputes cannot.

It enables you and your former spouse or partner to discuss the issues face to face, with the help of an impartial mediator who will keep the discussions constructive and focused on reaching agreements that work for you and for your children, if you have any.

It’s helpful for couples who want to reach their own solutions to the difficulties they face, as the mediator can help facilitate your discussions to achieve an amicable resolution.

What is a MIAMs?

What are the benefits of Mediation?

Is Mediation Mandatory?

Click here to view our Mediation Fees

We are Fully Qualified Family Mediators

Shelley Wales is a qualified mediator trained by the Family Mediators Association. Shelley is trained to provide integrated mediation which means that other professionals, such as solicitors or mental health professionals, can be part of the mediation process, together helping to support you in reaching an amicable resolution to your differences. Shelley is also a qualified solicitor who has specialised in all areas of family law since 2001 and is committed to helping couples resolve their issues in a way that allows them to move forward with more clarity, insight, and understanding.

Mediation is usually a cheaper and quicker process than going through the courts, we do however recommend that each party retain separate solicitors to provide legal advice. This is particularly important where financial matters are involved.

Understanding Your Divorce Entitlements: How Family Mediation Can Help You Achieve a Fair Settlement

Divorce is never an easy process, and one of the most challenging aspects can be understanding what you’re entitled to when it comes to finances and assets. Many people enter into divorce proceedings with preconceived notions of what they should receive, only to find that the reality is quite different.

A Blog by Shelley Wales. Partner and Head of Family Dispute Resolution

What is the Family Mediation Voucher Scheme?

In response to the Covid-19 pandemic, the Ministry of Justice set up a Family Mediation Voucher Scheme designed to support the recovery of the family courts due to overwhelming applications and an increasing backlog of cases and to encourage more people to consider mediation as a means of resolving their disputes.

The Family Mediation Voucher Scheme offers eligible families a financial contribution of up to £500 towards the costs of mediation. The Family Mediation Voucher Scheme is a time-limited scheme, designed to support parties who may be able to resolve their family law disputes outside of court.

How Does Family Mediation Work?

The process starts with a meeting with our mediator, usually on your own. This gives you an opportunity to discuss the process, and for our mediator to assess the suitability of your case for mediation.

If after that initial meeting you and your former spouse or partner want to proceed using mediation, arrangements will be made for further meetings, which you will both attend.

Your mediator will manage the discussions between you, making sure that all relevant issues and information are discussed, helping you reach agreements and drawing up proposals on which you both agree.

Is Mediation Legally Binding?

A mediator does not give legal advice, but can guide you within the law and offer solutions that meet your family’s needs. They will encourage you to appoint a solicitor to work alongside you and write up the proposals you agree with your ex into a legal document.

Here are a few more frequently asked questions relating to Family Mediaiton

What is a MIAM?

MIAM stands for Mediation Information and Assessment Meeting, and it is an initial meeting between yourself and a qualified Family Mediator. The purpose of a MIAM is to assess whether your issues can be resolved through the use of Family Mediation, negating the need to take your matter to Court.

Who attends a MIAM?

A Mediation Information and Assessment Meeting (MIAM) is held between just you and the Mediator. The other party would not be present. The other party would also need to attend a MIAM to formally assess their suitability for Family Mediation and, assuming both assessments provide a favourable outcome, the Mediator will recommend pursuing Family Mediation as a way forward.

Is Mediation Successful?

A 2020 survey undertaken by the Family Mediation Council showed that “Mediation is successful in over 70% of cases”. This means that in over 70% of cases, separating and divorcing couples were able to reach an outcome through the use of Family Mediation and without the need to take their matter through the expensive, stressful, and time-consuming Court process.

Who pays for Family Mediation?

Although there are no strict rules over who pays for Family Mediation, it is typical for all costs to be shared equally. Your Family Mediator will set out the costs for Mediation at the outset so that you are aware of how much the mediation process will cost. The fees for mediation will vary depending on whether you are seeking mediation services for financial matters only, mediation services for children’s matters only, or mediation services for all matters. The costs for mediation will also be dependent upon the number of mediation sessions required to reach an outcome.

For eligible parties, vouchers towards the cost of mediation are available up to the value of £500 (claimed by the mediator on your behalf and apply only where discussions around child arrangements are required) through the Government’s Family Mediation Voucher Scheme.

How long does Family Mediation take?

There is no fixed term for how long family mediation takes. The process can take anywhere from just a few weeks to many months. How long mediation takes depends on the type and complexity of the issues needing to be resolved. Typically, however, Mediation achieves a quicker resolution than that of the traditional Court route, not to mention the reduction of costs and associated stress.

What happens if Family Mediation doesn’t work?

If mediation doesn’t work, then there are a few options. Arbitration is a good way of having a third-party preside over the facts of the case and make a decision on your behalf. The arbitrator will make a decision using the same judgement criteria as a Court however comes without the timescale considerations, the increased costs, and the ruling of a Judge when pursuing the court route. Arbitration dos require both partied to be amenable to this route to resolution. If this isn’t the case, then often litigation through the Courts is necessary.

Another way forward is an Early Neutral evaluation, or Collaborative Law, or having a private Judge (in financial matters) assist by providing an indication and guidance as to how the family assets should be shared.

Family Lawyers, and indeed the Ministry of Justice, are keen to keep divorce matters out of court. It is proven that the use of Alternative Dispute Resolution, which includes Mediation, Collaborate Law, and Arbitration, is a far quicker, cheaper, and less stressful route to resolution. This approach also fosters a better future relationship between the divorcing parties which is especially beneficial where children are involved.