This blog post is intended to inform couples in conflict about the role and benefits of divorce mediation. You will learn how mediation Archway can help with child and financial issues, what it does and does not do, and how much it should cost. We’ve also included some resources to help parents minimise the effects of separation on their children.
How to start the mediation Archway process?
Unless a lawyer has already referred them, one of the parties must complete an online self-referral form.
An initial fixed fee Mediation Information and Assessment Meeting (MIAM) must be booked and paid for if an online referral is submitted. Your ex-partner will then be contacted by the mediation Archway service for an initial separate assessment meeting.
Unless exempt, anyone considering filing a family law application in the UK must complete the MIAM. The protocol is in place to encourage as many couples as possible to consider alternative dispute resolution methods like mediation Archway and arbitration before going to court.
The MIAM mediator’s role is to inform both parties about all available dispute resolution options, to explain how mediation Archway works in practice, and to listen to their issues and concerns. The mediator must conduct a domestic abuse and safety screening to determine suitability.
There will be no mediation Archway if there are any ‘red flags’ such as severe domestic abuse/ coercive control or significant welfare/ safety issues that need to be investigated by a professional third party. If deemed unsuitable, an MIAM certificate will be issued to allow the case to proceed to court.
Mediation is voluntary and cannot be mandated in the UK, so both parties will be invited to purchase their first fixed fee joint 90 minute mediation Archway session. They will be asked to purchase one of the following sessions from our services page:
- First joint session of mediation (finances and children)
- Only children, first joint session
- First joint session financial mediation
Upon purchase, a set of documents will be sent to participants to help them prepare for productive mediation Archway sessions. A contract confirming their understanding of the key principles of mediation and ground rules will also be sent to sign and return.
Then a joint meeting will be set. The mediator will help the separating couple set up an agenda/framework for them to work through in order of priority and in line with what is most important to them both.
During the mediation Archway sessions, I will:
- Sort issues.
- Identify common ground.
- Clear up any ambiguity.
- Provide legal and other information.
- Help parties reach informed decisions by evaluating options and their net effect/impact.
Please contact us if you are ready to begin. We will then contact your ex-partner (unless requested not to) to encourage them to participate in the process, highlighting the advantages of family mediation over court-based proceedings.
Mediation Archway in Divorce
An impartial third-party, the mediator, helps the participants communicate better and make informed decisions about some or all issues on separation.
Like when to divorce, what to do with the kids, and should the family home be sold or given to one party? Sorting out other assets like pensions and savings, and debts. These are just a few examples; each case is unique, and the parties will decide together what issues need to be discussed and resolved during mediation. Mediation Archway is also known as “assisted negotiation.”
A Mediation Information and Assessment Meeting (MIAM) is an informational session held by the government on the 6th of April 2011. When it is safe and appropriate to mediate, this protocol is in place to encourage more people to do so.
Exemptions apply when there is evidence of domestic violence/abuse or child protection issues.
Mediation is a voluntary process. It is possible to mediate a case if both you and your ex-partner agree to do so. Anyone can stop mediation Archway at any time if it becomes overwhelming and/or the emotions become unmanageable.
Mediation is a safe and supportive environment where participants can have open and honest discussions without fear of being bound by solutions proposed by either party. It’s an opportunity to be creative and think ‘outside the box’. The decision-making power rests solely with the participants, not the mediator.
As your virtual mediator, I will use my 27 years of experience as a former family solicitor to provide you with practical advice, legal information, and other relevant information to help you make informed decisions and resolutions.
Mediators cannot give legal advice, and it is critical that the parties receive independent legal advice. Any tentative terms agreed upon in the mediation Archway forum are usually formalised and/or legally binding Court Orders with the assistance of lawyers.
What is a mediator’s role in divorce?
The mediator’s role is to provide a safe environment for the separating or divorcing couple to discuss and explore issues related to their separation or divorce.
By empowering and inspiring participants, the mediator prevents them from giving up power to a judge or a panel of magistrates who have no connection to them or their children.
During mediation Archway the mediator will:
- Identify the problems
- Identify common ground
- Clear up any ambiguity
- Consider alternatives
- Provide practical advice and legal/other information.
- Evaluate options to help you agree on them and understand their net impact.
What are the divorce mediation Archway benefits?
Aids divorcing couples to control the outcome and process
Parties’ communication can be greatly improved.
It helps parties let go of old issues or disputes that no longer serve them or their families, and reach pragmatic child-centred resolutions.
It beats going to court.
It allows for happier, healthier lives for the parties, their kids, and future generations.
Mediation Archway heals broken families
It is cheaper than court or lawyer-led negotiations.
Mediation is quicker and allows for earlier resolutions; the mediator works at the participants’ pace.
Unlike court-based proceedings, the parties can explore and agree on non-legal issues like communication difficulties and boundary setting.
Studies show that agreements reached in divorce mediation Archway are more likely to be upheld than court orders.