Family Mediation FAQs
FAQs
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Research has shown children want their voice to be heard about arrangements that will affect them. If they are 10 years or above they can talk with a mediator in confidence and separately from you. It gives them the opportunity to share any thoughts and concerns about what's happening. They can choose what, if anything, is reported back to parents.
Divorce and separation can mean a lot of change and adjustment for children. Family Mediation aims to ensure children's needs are central to decisions being made to reduce any impact this may have on them.
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We can look at any financial matters such as Property, Pensions, Investments, Debt or Maintenance. All mediated settlements can be turned into legally binding agreements. We can help you explore the different options within a legal framework. When a way forward has been found the mediator will put the joint proposals in writing. This gives you the chance to check everything through with a legal or financial advisor. You can then proceed with this as a contractual agreement between you or you can ask the court to approve your settlement.
We can explain this in more detail and answer any further questions at your individual Information and Assessment Meeting.
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You will be in control of the process as it is your mediation. The length of time to reach agreement will depend on the complexity of your case. Each meeting lasts between 1 and 2 hours. On average two or three meetings will be needed but some issues can be sorted out in a single session.
Mediation will be faster than any court process and allows you to have your say in how future arrangements will look. It helps you find a solution that is both fair and amicable.
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As much as couples hope for an easy going and co-operative relationship following a break-up, this is not always possible. Mediators are trained to ensure couples are able to communicate and engage fully and fairly and to feel safe throughout the process. Mediation won't be appropriate in all situations and this will be assessed at the Information Assessment Meeting. Mediation is successful even where relationships are difficult and fraught as mediators are qualified to facilitate through complex dynamics.
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Mediators are trained to manage power imbalances and ensure the process is fair. If necessary, they can arrange:
· Shuttle mediation (you stay in separate rooms or separate online breakout rooms)
· Staggered arrival and departure times
· Online mediation so you don’t have direct contact
If mediation is genuinely unsafe due to domestic abuse or safeguarding concerns, the mediator will provide information on alternative legal routes.
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Mediators remain impartial at all times. They:
· Make sure both people have equal time and opportunity to speak
· Ensure decisions are informed by accurate information
· Ask further questions to consider options if proposals may be unrealistic
· Encourage both parties to consider the needs of the children
They maintain balance within sessions.
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Depending on what you agree, a mediator may prepare:
· Outcome Statement – outlines what was discussed
· Open Financial Statement – summarises full financial disclosure
· Memorandum of Understanding (MoU) – details the agreements reached (not legally binding)
· Parenting Plan – records decisions about children
A solicitor can convert the MoU into a legally binding Consent Order if required.
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During the MIAM, the mediator will assess suitability based on:
· Safety concerns
· Communication levels
· Willingness to negotiate
· Complexity of issues
If mediation isn’t appropriate, the mediator can direct you to safer or more effective options.
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Come along to an Information and Assessment meeting to ask any questions you may have. You can discuss your case individually with a trained Mediator, and consider the options available to you.