Family Mediation Week: Understanding the Benefits and Approaches to Mediation 2023
Family Mediation Week (16-20 January 2023) is quickly approaching, and it’s an important time to raise awareness about the benefits of family mediation for separating
At the end of mediation, the proposals you and your former partner have agreed to will be recorded in a document by the Mediator. These proposals can be made legally binding with the assistance of a solicitor, should you wish.
Mediation sessions are usually joint meetings between you and your former partner. A Family Mediator will facilitate the meeting, helping you to clarify the issues, identify options, negotiate constructively, and arrive at joint proposals on matters that commonly include property, finance, and children.
MIAM stands for Mediation Information and Assessment Meeting. In this meeting, you have the opportunity to talk through your situation with your Mediator, decide whether the process is right for you, and make plans for future joint mediation sessions.
Clients will be expected to share information about themselves, their family, and the main issues in dispute. They will also be asked to share their ex-partner’s contact details (if they have not done so already), so that the mediator can contact them to give information about mediation and invite them to attend a MIAM. In most cases, clients will attend a MIAM independently of their ex-partner, allowing them to discuss any concerns confidentially. For mediation to proceed, both parties are required to attend a MIAM. If mediation does not proceed and the matter goes to court, unless one of the parties meets specific exemption criteria, both parties will still be expected to attend a MIAM.
A MIAM typically lasts between 45 and 60 minutes.
A client will receive information about the mediation process, as well as other dispute resolution services. A client will receive information that is specific to their situation, which could include legal and procedural information, information about children, and signposting to other specific agencies or professionals that could help. The mediator and client will also plan for the first joint mediation session. Mediation sessions usually involve only the separating couple, but can also include individuals such as family members and parental guardians if this is helpful to the separating couple in coming to final arrangements.
After a MIAM, both mediator and client(s) reflect on whether or not to proceed with mediation. If joint mediation is to proceed, a date will be organized for the next meeting. If a party wishes to apply to court, the mediator will supply the client with signed copies of the relevant page of the court form/s needed. Able Mediation does not charge extra for this service.
MIAM stands for Mediation Information and Assessment Meeting. MIAMs are the first meeting between the family mediator and the separating couple. This meeting will assess whether family mediation is suitable and provide the clients with further information on the mediation process, helping them to prepare for joint mediation sessions.
MIAMS And The Law:
Since April 2014, it has been a requirement of the Family Procedure Rules that anyone wishing to make an application to the Family Court must first attend a MIAM meeting and consider family mediation. It is also an expectation of the court that the other party (the respondent) should attend a MIAM.
In addition, it is a requirement of the code of practice to which professional mediators are bound that all clients attend an assessment meeting (MIAMs) before joint mediation takes place.
Exemptions To Attending A MIAM
Though this list is not exhaustive, possible exemptions to attending a MIAM may include:
Family Mediation helps you and your former partner to reach mutual decisions on issues including but not limited to arrangements for children, property and finances, debts, pensions, pets, possessions, etc.
Child Inclusive Mediation provides a neutral and supported space for children to express their thoughts and feelings about their situation, to enable more suitable child-focused arrangements to be made.
The Mediation Information and Assessment Meeting is the first meeting between client and family mediator. It is an individual, confidential session to get to know you, understand the issues and prepare you for joint meetings.
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