How Does Parental Mediation Work?
With the assistance of a neutral third party, families can negotiate future arrangements for their children through the mediation process. The mediator does not tell the parties what to do, but assists them in reaching their own agreements amicably while attempting to strengthen their communication.
What advantages does mediation offer?
When parents have difficulty agreeing on adequate arrangements for their children after a family breakup, parental mediation is recommended. There are numerous advantages to participating in mediation, including:
- granting you greater influence over child-related decisions, rather than requiring court intervention;
- providing a less stressful method of handling delicate situations;
- enhancing communication and assisting you in making future arrangements;
- facilitating the review and modification of agreements as long as they are mutually accepted by all parties;
- and giving a faster and less expensive method of settling conflicts.
Are agreements reached through mediation legally enforceable?
The agreements reached through parental mediation are not legally binding in the sense that they are not enforceable in court. However, the agreement can be used in court if a Consent Order is sought at a later date. Refer to our page on Consent Orders for further details.
MIAM stands for Mediation Information and Assessment Meeting.
A Mediation Information and Assessment Meeting (MIAM) is the initial meeting with a professionally trained family mediator to determine whether your concerns may be resolved outside of court and whether mediation is a viable solution.
What will occur during the parental mediation?
The mediator will assist you and the other parent in working through all of your difficulties, considering your alternatives, determining whether they would work well in practise, and settling on the best course of action. If you do not feel comfortable in the same room as the other parent, the mediator can arrange for “shuttle” mediation. In shuttle mediation, the disputing parties are separated into separate rooms, and the mediator “shuttles” between them in an effort to help them to an agreement.
If an agreement is achieved during mediation, the mediator will draught a “memorandum of understanding” so that all parties are aware of the terms.
Do I need to attend mediation?
Since April 2014, anyone seeking assistance from the courts to resolve conflicts with children or finances must first attend a Mediation Information Assessment Meeting. This includes any requests for
- Child Arrangements Order
- Specific Issue Order
- Prohibited Steps Order
- Parental Responsibility Order
- An order appointing a Child’s Guardian
- Removal from Jurisdiction Order
- Special Guardianship Order.
Certain mediation exemptions are stated in Part 3 of the Family Procedure Rules and can be found on forms C100 and FM1.
- if the relationship contains domestic violence;
- if the child is subject to a child protection plan or an investigation under Section 47;
- if the situation is urgent, i.e., the youngster is in imminent danger of being harmed;
- where mediation has been tried within the last four months
What should I anticipate from my mediator?
A family mediator must maintain impartiality and prevent any potential conflicts of interest. This indicates that a mediator is prohibited from mediating a dispute in which they have obtained pertinent information about the parties. In addition, a mediator must maintain impartiality towards the mediation’s outcome. They may not attempt to impose their desired outcome or exert undue influence on any of the parties.
You must also expect the mediator to keep all information gathered during the parental mediation session secret. Without the approval of both parties, the mediator is prohibited from disclosing any information to the court. The mediators may only provide information where severe allegations of damage to a child or adult are present.
Parental Mediation is a voluntary process, and any mediation session can be delayed or cancelled if it is determined that the parties are unwilling to participate fully. Additionally, mediators must encourage the parties to consider the desires and emotions of the children.
How long does mediation typically last?
Parental Mediation can continue as long as it fits the needs of each individual party. The duration of the first meeting is around 45 minutes. Sessions often run between one and two hours, depending on the complexity of the case.
How expensive is mediation?
If you have a low income or get certain benefits, you may be eligible for legal aid to help pay for Parental mediation. It is means-tested, so you must submit documentation of your present financial situation to demonstrate your eligibility.
If you must pay for Parental mediation, inquire about the mediator’s fees when you initially contact them. You may choose to contact multiple area mediators to compare fees, as these can vary.
What if mediation fails to produce a resolution?
You may take your disagreement to court if you are unable to reach an agreement with the other party or if mediation fails for any other reason, such as the other party’s refusal to attend or the mediator’s belief that mediation is ineffective. You are responsible for ensuring that the mediator signs and validates your application.