Family Mediation FAQ

Below are questions that we are commonly asked about Family Mediation. Click on a link to see the answer to that question. If you have any other questions about Family Mediation please contact us.

What is Family Mediation?
Do I have to go to Family Mediation?
What if my partner is unwilling to attend Family Mediation?
How much does Family Mediation cost?
How many sessions will we need?
What will we talk about during the Family Mediation?
Is Family Mediation legally binding?
Is Family Mediation aimed at trying to save the marriage like counselling?
What are the benefits of Family Mediation?
Do I need a solicitor to attend Family Mediation with me?
Why should I use Frisby & Small Family Mediation Service?

What is Family Mediation?

Family Mediation is the process of alternative dispute resolution in which an impartial third party, the Mediator assists those involved in family breakdown to communicate better with each other and to reach their own agreement and informed decisions concerning some or all of the issues relating to separation, divorce, children, finances and property. Mediation can also be described as “assisted negotiation”.

Do I have to go to Family Mediation?

Yes. On the 6th April 2011 the Government issued a new pre action protocol which requires anyone contesting the terms of their separation to attend a Mediation awareness session – a Mediation Information and Assessment Meeting, better known as a ‘MIAM’ before they can go to Court unless there is domestic violence or child protection issues, in which case exemptions will apply. However you cannot be forced to Mediate. If your case is suitable for Mediation and you and your partner both agree to Mediate then the matter can proceed to a proper Mediation session with the Mediator. Mediation is a voluntary process.

What if my partner is unwilling to attend Family Mediation?

Mediation cannot be imposed or enforced. It is a voluntary process. Your partner can be directed to attend a Mediation Information and Assessment Meeting (better known as a ‘MIAM’) but cannot thereafter be forced to Mediate. If Mediation is agreed as suitable and you both agree to participate it can be stopped by either party or the Mediator if considered helpful to do so.

If the Mediator believes that one of the parties are unable to participate freely and fully in the process, then the Mediator will raise this issue with the participants and may suspend or terminate the Mediation. The Mediator can suggest other professional services as may be considered appropriate.

How much does Family Mediation cost?

Mediation Information and Assessment Meetings are charged at a fixed fee of £130.00 plus VAT for a joint meeting (£65.00 plus VAT per client) or £85.00 plus VAT per client for an individual meeting. The charge will cover the cost of completion of form FM1, which must be completed to allow the prospective applicant to proceed with his/her application to Court.

Frisby & Small Mediation Service only undertakes privately funded Mediation and costs for this service will be charged out at the rate of £187.50 plus VAT per person for each 90 minute Mediation session. Fees must be paid in advance of the mediation session. Sometimes one party pays for both or agrees to pay a greater share of the overall fees for each Mediation session.

How many sessions will we need?

A lot will depend on the number of issues that you need to resolve. If the issues are limited to say discussing and agreeing the children’s arrangements then this can be sorted out in as little as one or two Mediation Sessions. If the issues are more complex, Mediation could take longer to help you resolve the matter.

What will we talk about during the Family Mediation?

The agenda is set by you and your partner. This is one of the major benefits of Mediation. We can discuss any issues regarding your separation, divorce, children, finances and property. Sometimes issues regarding communication or incidents relating to the breakdown of the relationship are key issues that the parties wish to discuss and agree upon before moving on to substantive issues regarding the children’s arrangements/property and finance. We can prioritise the issues according to your needs and requirements.

Mediation can also be used to resolve other types of family issues such as disputes between parents and children or between members of your extended family.

Is Family Mediation legally binding?

No. Any agreement reached through the assistance of the Mediation Service is not legally binding. If both parties agree, a legal agreement can be prepared (Memorandum of understanding) based on the outcome of Mediation. An application can be made to the Court to have the agreement made into a Court Order, which would then be legally binding. This would be undertaken by your solicitors.

Is Family Mediation aimed at trying to save the marriage like counselling?

No. Family Mediation is not about saving marriages/relationships. It is about dealing with issues that arise out the breakdown in the least self destructive way, allowing for on going communication between the separating couple. Mediation is alternative dispute resolution. It empowers the separating couple to make their own decisions regarding the various issues that may arise as a result of the marriage/relationship break down.

What are the benefits of Family Mediation?

Keeps financial costs to a minimum
Keeps emotional costs to a minimum
Allows for speedier solutions
Maintains communication between the separating parties
Allows the parties to set the agenda and work through in accordance with their priorities
It is a confidential process (subject to safeguarding and Money Laundering exemptions)
The decision making rests solely with the parties

Research studies have shown that family disputes resolved via Mediation are less acrimonious than those that are settled through the Court system. Further decisions made by the parties by agreement are more likely to be honored as opposed to Court imposed Orders.

Do I need a solicitor to attend Family Mediation with me?

No. However there are different models of Mediation and where both parties agree that their respective solicitors should be involved in the Mediation process than this is acceptable. Usually parties do not attend with their solicitors as this will increase their legal fees.

Why should I use Frisby & Small Family Mediation Service?

Our team of highly qualified professionals, each with their own specialist area, provide a friendly confidential package tailored to suit your requirements. In particular and in response to recent government initiatives we have set up a dedicated Family Mediation Service.

If you have any questions regarding Family Mediation, please contact us.

FRISBY & SMALL

0116 233 5522