Is mediation compulsory?
No, but if you are considering making an application to the Family Court you will need to attend a preliminary meeting with a mediator, known as a MIAM (Mediation Information and Assessment meeting) to decide if mediation is suitable in your case before you can submit your court application. There are exemptions to the MIAM, including domestic abuse, so it is good idea to discuss these with your solicitor first.
Do I have to be in the same room as my ex?
Not necessarily, some mediators offer shuttle mediation where each of you is in a separate room, some offer remote mediation, such as through Teams or Zoom.
Is mediation expensive?
Mediation is usually less expensive than using a solicitor because the two of you meet the mediator together and share the cost. Each mediator has their own charging structure, some offer a government voucher scheme and some offer legal aid, subject to your eligibility.
Do I need a lawyer?
Mediators do not give legal advice; they are there to help the two of you reach an agreement that works for you. However, it is a good idea to get legal advice on where you stand, both before you start mediation and between mediation meetings, so that you can be clear on what you are legally entitled to. Also, mediators do not prepare the legal documents that you may need to make your settlement legally binding, so you will need a lawyer to finalise the documents when you have reached an agreement.
Is mediation confidential?
Mediation is private and without prejudice which means that everything is discussed in confidence. There are limited exceptions to this, such as the requirement to report child protection issues to the authorities.
It also means that you are not bound by anything that you discuss or propose in mediation, and you cannot tell a court about your discussions and proposal, until any agreement has been legally finalised
What if we cannot agree on everything?
Your lawyers might be able to help you negotiate any outstanding issues or you could refer them to an arbitrator (a private judge) to decide on just those outstanding issues without upsetting the matters that you have already agreed.
Ultimately, you may need to make a court application, but the court will look at everything, even matters that you have agreed, and you may end up with a settlement that is not what either of you wanted. It will also take much longer and cost a lot more to take your case to court.
Can children join the mediation?
Some mediators offer child inclusive mediation, which can give your child a voice in your separation. The mediator would need to assess whether it is suitable to include the children in mediation and both parents would need to agree to your children being included. The mediator would meet with your children separately to you and your ex and report back to you.
At Ellisons, we understand that a breakdown in family relationships can involve complex emotions. Our experienced Family Solicitors can guide you through disputes in a sensitive but effective way to ensure an appropriate outcome. Contact the Family team to arrange an appointment at any of our office locations, or virtually.
