Family Mediation
Mediation is a method of helping a couple come to a mutually agreed solution about their separation, finances and children, without having a contested court hearing. It is a voluntary process, which leaves you and your partner\spouse in control of the outcome. If you hand control of your matter over to a Judge, they may impose a solution on you that neither you nor your partner\spouse consider appropriate.
It is particularly useful for couples with children and those with complicated financial affairs. Mediation is an effective way of reducing the bitterness, distress and cost, often experienced in long drawn out contested divorce and financial proceedings.
Since 6th April 2011, the Government has made it compulsory (save in certain limited circumstances) for anyone wishing to make an application to the family court in relation to money or children to attend a Mediation Information and Assessment Meeting (known as a MIAM’s). At this meeting you will consider with the mediator whether your matter is suitable for mediation or some other form of out of court resolution.
If your matter is deemed suitable for mediation and both you and your partner\spouse agree to mediate, the mediation process can begin. If one party is not willing to mediate an FM1 form can be signed and thereafter, court proceedings can be commenced. You should be aware however, that if your matter is deemed suitable for mediation and you have chosen not to mediate, the Judge at the first court hearing could refer you back to mediation and put your matter on hold until you have tried to mediate.
If you think that mediation may be appropriate, both you and your partner\spouse will need to attend an informal initial meeting, where the mediation process will be explained. The mediator is entirely independent and works towards achieving a settlement acceptable to both parties.
So take control of your situation and work together in finding a brighter future.
Sally Smith is a trained mediator and she is able to assist parties to mediate. Please contact Sally Smith for further information.
