Mediation and MIAMS

 

Mediators are trained to resolve disputes over all issues faced by divorcing and separating couples, or specific issues such as arrangements for any children.  A mediator will meet with you and your partner together and will identify those issues you can’t agree on and help you to try and reach agreement.  Mediators are neutral and do not take sides, so cannot give advice to either of you.  They will usually recommend that you obtain legal advice alongside the mediation process and will guide you as to when this should happen.  However, trained lawyer mediators will provide legal information to both of you within the mediation if this is appropriate.  Some are also qualified to consult with children in mediation. 

Once you have proposals you both find acceptable, the mediator will prepare a summary of them together with a summary of the financial information which will be sent to each of you to discuss with your solicitor.  After you have both received legal advice and if you are both still happy with the proposals the lawyers will convert the summary into a legally binding document and carry out any necessary implementation. 

Since April 2014 it is requirement that anybody wanting to go to court should attend a Mediation Information and Assessment Meeting (often referred to as a MIAM) with an appropriately qualified family mediator to find out about mediation and other non-court options.  The Mediator will explain the options available and if appropriate contact the other party to see if they would be willing to mediate.  If mediation is not suitable or either party do not want to use it as a means of resolving their dispute, then the Mediator will sign the application so that it can be sent to the court.

If you would like to consider mediation or would like to find out more about it then please speak with Celia Christie on tel : 02476 553181 or email : cchristie@s-law.co.uk and she will both explain the process to you and if appropriate refer you to a mediation service local to you.

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23rd February 2019

Sarginsons Law