If you need to make an application to court, you are required by the court to have met with a family mediator to discuss whether the issues can be resolved through mediation or other forms of dispute resolution instead of court.
You also need to attend a MIAM before starting mediation.
At the MIAM the mediator explains what mediation is and other forms of dispute resolution, what is involved if you decide to proceed and how it can help you . It is also to find out from each of you in confidence about your current situation and what you want to resolve as well as to find out about any concerns you may have.
You are seen alone for your MIAM
You can decide whether or not you wish to go ahead with mediation and your mediator will also let you know whether in their professional opinion mediation should proceed.
If after the MIAM you or the mediator decide mediation is not the way forward or the other person involved is not willing to consider mediation, you or your solicitor will be provided with a form signed by a mediator, which is proof to the court that you have considered mediation. You will also be provided with this form if you try mediation but mediation doesn’t work out or some issues are left unresolved and you need to make an application to court.
You and your mediator will arrange a mutually convenient time for a mediation meeting so the issues can be considered in detail.
Mediation meetings are for 90 minutes.
Your mediator will have explained to you at the MAIM what you need to do to prepare for mediation, such as gathering together financial information or thinking about ideas for the future arrangements for the children.
At the first mediation meeting you’ll decide what issues you want to consider and resolve in mediation.
If you and the mediator decide that seeing the children will be helpful this will be carefully planned with you in advance. A meeting will be held with both parents to consider why your children might meet with the mediator and to be clear about the expectations and safeguards of this process. The children will be invited to meet with the mediator and if they wish to come a separate meeting will be arranged with the mediator. After the mediator has seen the children there is a meeting with both parents on another occasion to consider any feedback from their children.
Jane Busby provides one to one guidance, support and coaching to help you manage the emotional, legal, financial and parenting aspects of separation, as well as planning your future. Whether you are in are in the middle of your divorce or haven’t yet decided to do anything divorce coaching will help you find reassurance, clarity and direction. Phone Jane for a free chat to see how she can help or follow this link to find out more:
Jane Busby is available for professional practice consultancy to supervise and assist new mediators achieve accreditation and supervision of experienced mediators. Jane has been a professional practice consultant since 2003 having worked with supervisees in large and small services in both the charitable and private sectors.
This is a service offered to other mediation practices whose mediators are not trained or experienced in seeing children in mediation. Please contact Jane Busby for more details if you are interested in this service.