Mediation for all family members about family matters
Family Mediation involves an impartial mediator meeting with at least two people who are in a family situation and have different views and cannot agree. The mediator helps you to consider your options and make plans for the future. The mediator is there to support people talk to each other in a safe and informal meeting. In this process you have autonomy and it is a matter for you if you want to make decisions. You are not under pressure to make decisions. It is important to recognise that mediation is not counselling, rather we are here to help you have discussions about practical matters that a Court could become involved with if you do not agree.
Typical topics discussed are the following :
Child arrangements between parents/grandparents/other family members.
Parental Responsibility.
Paternity.
Kinship care when the local authority has become involved with families.
Financial matters arising from family situations such as financial settlements in the context of divorce proceedings or disputes regarding property between former cohabitees.
We can also assist discussions regarding inheritances from family members.
Mediation is a form of Non-Court Dispute Resolution (NCDR). The courts want people to try to resolve their disputes away from the court, if it is safe to do so. Numerous research studies have found that going to court in family situations can increase the conflict and break down of trust which can further damage family relations and impact badly on the lives of children.
The Ministry of Justice has provided a useful video explaining the family mediation process. Please note that we do not provide legal aid.
Ways to Mediate
We offer mediation face to face or online. It is possible for people to share a space with the mediator present with you. Sometimes as mediators we work in pairs and co-mediate, as we find this can assist in discussions.
Alternatively, it is possible to be in separate physical rooms or online rooms and the mediator(s) will go between both of you and hear what you have to say and explain this back to the other person. This process is sometimes referred to as shuttle mediation.
We also offer mediation including your legal representatives and this is referred to as hybrid or integrated mediation. In this form of mediation, you would be with your legal representative and be able to take legal advice during the course of the mediation.
Children often feel distress when there is conflict in their family.
We offer child inclusive mediation, usually when children are aged ten years and older. The law recognises that children and young people have a right to have their views known regarding what they want to experience in their family situation. In mediation, we as mediators have a duty under the Family Mediation Council code of practice to always be mindful of the experience of children in their families. We assist the adults in their lives to put the needs and welfare of children to be central in any decision making. We further have a duty to offer children and young people the opportunity to have their voices heard directly during the mediation process if they wish during Child Inclusive Mediation.
Sometimes parents or adults with parental responsibility feel that it would be beneficial for a child or children involved to have an independent meeting with a mediator who specialises in meeting with children in a confidential space. However, some people feel this is not appropriate for their family. It is a matter for a child or young person to decide whether they want to have a meeting with a child inclusive mediator and it cannot be forced upon anyone. In Child Inclusive Mediation, the child or young person can say whatever they want to and have autonomy in deciding what if anything they want the mediator to relay back to their family members in mediation.
After the child or young person has a meeting with a Child Inclusive Mediator, the mediator will have a feedback meeting with the parents or relevant adults. This is an opportunity for the mediator to relay whether the child has any messages that they want the adults in mediation to know.
Our costs for child inclusive mediation also include the cost of the feedback meeting.
Child Inclusive Mediation
Mediation Information and Assessment Meetings (Miams) are the first stage of the family mediation process and take place before mediation.
These are individual meetings which usually last around one hour and provide a place where you can explain your family situation and what outcomes you are seeking. The mediator will provide you with further information regarding the family mediation process and other possible alternatives that you could use so that you can resolve your dispute. The mediator might suggest some options to you or provide you with some information regarding people or services that might assist you going forward. A mediator cannot provide advice and will signpost you to take legal advice from a solicitor if required. For further information regarding finding a solicitor, you may find the Solicitors Regulation Authority website useful.
Miams
The mediator has a duty to consider whether mediation will be suitable for you. In the course of the Miam, the mediator will explore whether there are any safeguarding issues or other factors which may mean that mediation is unsuitable.
If you want to mediate and the mediator considers your case suitable for mediation, we can provide mediation.