Many parents seek our assistance to resolve a dispute about their children and wishing to apply to the Family Court for assistance. However, before proceedings down the Family Court route, mediation must be considered.
What is mediation?
Any parent who wishes apply to the Family Court to resolve a dispute about their children, are now legally required to consider mediation.
This means that before submitting your application you must attend a Mediation Information and Assessment Meeting (MIAM) to find out if mediation and see if mediators can help you sort out arrangements for the future.
Are there exceptions to attending mediation?
You must have attended a MIAM before making this application unless the requirement to attend a MIAM does not apply because there are special circumstances that mean you may not need to attend a MIAM.
Domestic violence
Child protection concerns
Urgency
Previous MIAM attendance or previous MIAM exemption
Other reasons, such as, you do not have sufficient contact details for the other person involved to enable a family mediator to contact them for the purpose of scheduling MIAM.
However, you will be asked to provide the judge with evidence (such as a police report to prove domestic violence has taken place).
Who are mediators and what do they do?
Mediators are trained professionals who can help you and the other person involved in the matter, and work out issues such as arrangements for children, without having to go through the Family Court.
What are the benefits of mediation?
Mediation gives you more control over what happens
Less stressful and upsetting for you and your children
Cheaper than going to the Family Court
Quicker than going to the Family Court
Where can I find a mediator or more information?
You can search for a mediator and find more information about mediation using this website: www.familymediationcouncil.org.uk
Do I have to pay for the mediation?
The MIAM is free of charge if you or the other person involved (the other party) qualifies for legal aid. To find out if you qualify visit: www.gov.uk/check-legal-aid
What happens with mediation is unsuccessful?
If the mediation is unsuccessful, then the mediator must certify that you are exempt from MIAM and will need to fill out the form below.
An authorised family mediator will need to confirms that he or she is satisfied that mediation is not suitable as a means of resolving the dispute because;
None of the other parties is willing or failed to attend a MIAM; or
You are the only one who attended MIAM
Both Party(s) attended MIAM
The Mediator has determined that mediation is unsuitable
Mediation has started, but has broken down or concluded with issues unresolved
For more information on Mediation, please visit:
https://www.familymediationcouncil.org.uk
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This blog article should not be taken as Legal Advice.
If you need help with Family Law Matters / Children Act Matters, please feel free to contact us on our website at; Help@inCourt.co.uk or call us on; 07375757510