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If you are going through or have already gone through separation from your partner, or you are struggling to agree arrangements for your children, you may have been told about ‘mediation’. Simply put, family mediation is a process in which an independent, professionally trained person (a ‘mediator’) helps you to work out arrangements for dividing money and/or co-parenting children in an informal setting.
In April 2024, new changes were brought into effect to ensure that parties in dispute do all they can to avoid the family court and instead pursue other methods of resolution, which includes mediation.
The fact that solicitors have always been the biggest service of referrals to mediation was illustrated by the collapse in mediation assessments and practices by 62 percent in the decade following the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which effectively removed Legal Aid in the majority of cases.
Helpfully, the Family Mediation Council, a not-for-profit organization, host an annual campaign called “Family Mediation Week”, aimed at raising awareness of the mediation process and how it is beneficial to separating families.
This article will take a closer look at what family mediation is, starting the mediation process, and the help and resources available to you, particularly through participation in Family Mediation Week.
What is family mediation and when is it necessary?
As explained above, family mediation is a process by which an independent professional will help you and your ex-partner to come to a resolution or compromise regarding your finances and/or children. Family mediation also aims to find a solution which will work for both parties, to avoid the time-consuming, stressful and costly formalities of attending court.
In terms of when mediation might be necessary, it is a voluntary process. That said, if you need to apply to the court for assistance in dealing with children or financial settlement on divorce matters which cannot be agreed, attendance at a Mediation Information Assessment Meeting (MIAM) is compulsory in the majority of circumstances.
What is a Mediation Information Assessment Meeting?
More commonly referred to as a ‘MIAM’, it is the first meeting with a mediator. The MIAM will last up to an hour, and will allow you the opportunity to tell the mediator about your circumstances, as well as any issues you and your ex-partner cannot agree on. In this meeting you can expect the mediator to listen to your concerns and tell you about the mediation process, as well as other ways you can reach agreement.
At the end of the meeting, the mediator will decide whether they think your situation is suitable for mediation.
The Family Mediation Council … who are they?
The Family Mediation Council (FMC) is a not-for-profit organization. They maintain a professional register of family mediators in the UK and require their practitioners to follow a code of practice with the aim of assisting parties in communicating with one another and reaching joint decisions.
The FMC’s website offers in-depth guidance on the mediation process and is certainly worth investigating.
What is Family Mediation Week and why might it be important to me?
Family Mediation Week is an annual campaign hosted by the FMC, with resources specifically aimed at the general public. The aim of the campaign is to raise awareness of family mediation and its benefits. In the FMC’s own words, “Over the course of Family Mediation Week, we publish resources, information, blog posts and issue news stories to local, regional and national media explaining the benefits of mediation.”
Most importantly, the FMC host a number of free webinars throughout the week. This year’s webinars aimed at the public are as follows:-
- Monday 27 January 2025, 12:00 – 13:00 – The benefits of attending a Mediation Information and Assessment Meeting (MIAM)
- Tuesday 28 January 2025, 12:00 – 13:00 – Is it possible to mediate with a Narcissist?
- Wednesday 29 January 2025, 12:00 – 13:00 – What is child-inclusive mediation?
- Thursday 30 January 2025, 12:00 – 13:00 – The flexibility and power of mediation
This year, the campaign will commence on Monday 27 January 2025 and will end on Friday 31 January 2025.
If you are currently going through separation and you have questions you want answered about mediation, these webinars will offer you an insight into the process, as well as resources to support you. They are led by accredited family mediators and there will also be opportunity to ask any questions/address concerns you might have, with the speakers.
You can access and register for these webinars via the below link, which also offers a timetable of the resources available.
Family Mediation Week 2025 - Timetable - Family Mediation Council
At Brewer Harding & Rowe Solicitors, we have a team of specialists in Family Law who are able to assist with many different issues you might be facing in terms of separation, divorce, financial and children matters. If you:-
- Are contemplating divorcing or separating from your partner and you want to know where you stand legally;
- Have agreed that divorce or separation is the best option for you and you want to know what your next steps are;
- Are struggling to come to an agreement regarding division of finances or arrangements for your child/ren; or
- Are representing yourself in court proceedings and you need further legal advice,
you can get into contact with a member of the family team and we will assist.
We understand that taking steps to end your relationship with your partner, especially where children are concerned, can be daunting, intimidating and upsetting. We will listen to your concerns and ensure you are confident of where you stand legally.
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