We hope this blog post will serve as a resource for couples who are interested in learning more about the role and benefits of mediation in divorce proceedings. By the end of this article, you should have a better idea of what family mediation Archway is and what it isn’t capable of accomplishing, as well as an idea of how much it will cost. To help parents minimise the impact of separation on their children, we’ve also included some helpful resources.
Initiating and kicking off a mediation is not an easy task.
A self-referral form must be completed online unless a referral has already been made by one of the parties’ lawyers before mediation Archway can begin.
A Mediation Information and Assessment Meeting (MIAM) must be scheduled and paid for in advance when submitting an online referral form. Your ex-partner will then be contacted by the mediation Archway service, who will then arrange for them to attend a pre-assessment meeting as well.
Legally, anyone who intends to file a family law petition in the United Kingdom must complete the MIAM. Prior to going to court, there is a protocol that encourages couples to consider alternative dispute resolution methods, like mediation Archway and arbitration.
The MIAM mediator’s role is to provide information on all dispute resolution options and to explain how mediation Archway works in practice as well as to find out about the issues and concerns of each party. Mediation Archway is not appropriate for every case. By conducting domestic abuse and safety screenings, the mediator plays a key role in determining suitability.
Concerns about severe domestic abuse, coercive control, or significant welfare or safety issues that need to be investigated by a professional third party will not be considered suitable for mediation Archway in the event that there are any red flags. In cases where a MIAM is deemed unsuitable, a MIAM certificate will be issued in order for the case to proceed through the court system, if necessary.
There is a fixed fee for the first joint 90-minute mediation Archway session if both parties agree that mediation is appropriate in this case and are willing to participate (in the UK, mediation Archway is not mandatory and cannot be mandated). Depending on the issues they need to discuss and agree upon, they will be asked to purchase one of the following sessions from our services page:
- First joint session of mediation for all issues (finances and children)
- Only children will be involved in this first joint mediation session.
- The first joint session of mediation will focus solely on financial matters.
On the day of the mediation, participants will receive a package of documents to help them prepare for a successful session. You’ll also be sent a “Agreement to Mediate” form to sign and return, indicating your agreement with the mediation Archway process’ fundamental principles and ground rules.
There will then be a joint meeting. Mediator support is provided to the separating couple prior to or at the outset of the first meeting, so they can agree on an agenda/framework for them to work through in accordance with what is most important to them both.
I will assist participants in the mediation Archway process by:
- Make a list of the problems you’re facing.
- Recognize areas of agreement between the two parties.
- Resolve differences of opinion.
- Find out what’s out there.
- Provide practical advice and legal/other information to those who ask.
To help parties come to their own informed decisions, evaluate all options and consider the net effect/impact of any proposals.
Please contact us if you’re ready to get started. It is at this point that we will contact your ex-partner to encourage them to participate in the process, highlighting the advantages of family mediation, such as lower costs, greater control over the outcome and a faster resolution time.
During a divorce, what is the role of mediation Archway?
Out of court dispute resolution is supported by an impartial third-party mediator, who helps the participants communicate better and make their own informed decisions about some or all of the issues on separation. Family mediation Archway is a form of alternative dispute resolution.
For example, the timing of the divorce, how the children will be cared for, and what will happen to the family home. How to divide up other assets like pension investments and savings, and how to handle debts. The examples above are merely illustrative; each case is unique, and the parties will decide jointly on the issues to be discussed and resolved during mediation Archway by agreeing on an agenda/framework from which to work. “Assisted negotiation” is another term for mediation.
Prior to submitting a court application, anyone contemplating using the family courts must first attend a Mediation Information and Assessment Meeting, or “MIAM,” which was announced by the government on April 6th of that year. People are encouraged to mediate when it’s safe and appropriate, so that they can avoid the courtroom altogether.
This rule can be relaxed if there is evidence of domestic violence or abuse, or if there are concerns about children’s safety.
Mediation Archway can’t be forced on you; it’s a choice. When both you and your ex-partner are ready and willing to use mediation to resolve your dispute, then the process can move forward in that manner. At any time, participants or the mediator can stop mediation if they feel that the process is being misused or that their emotions are becoming unmanageable.
Confidential mediation Archway allows participants to openly and frankly discuss their differences with each other in a safe and supported environment, without fear that they will be bound by the solutions that either party proposes during the mediation forum.. It’s a chance to think outside the box and come up with unique solutions. Neither the mediator nor the participants have any authority to impose any sanctions or make any decisions.
A former family solicitor with 27 years of experience and knowledge to draw from, I will bring to the virtual mediation Archway table a wealth of knowledge on all aspects of the breakup to assist you in making your own well-informed decisions and resolutions.
Mediators are unable to provide legal advice, so it is critical that the parties obtain that advice from their own attorneys. Any tentative agreements reached during mediation Archway can usually be formalised and/or legally binding Court Orders with the assistance and support of lawyers.
In divorce, what is the mediator’s role and purpose?
The mediator’s job is to create an atmosphere of trust and safety for the divorcing or divorcing couple to talk about and work through the issues that have arisen as a result of their split.
As opposed to allowing a judge or a panel of magistrates to make the final decisions, the mediator empowers and inspires participants to make their own informed decisions and to remain in control of the outcomes.
In the course of mediation, the mediator will assist in the following ways:
- Identify the issues
- Find areas of agreement.
- Identify the areas where you and your colleagues disagree.
- Consider all the possibilities.
- Provide practical advice and relevant legal/other information to those who ask for it.
- To help you come to a consensus on the best course of action, consider all of your options and weigh the pros and cons.
When it comes to divorce, what are the advantages of meditating?
Facilitates control over the outcome and process for divorcing couples
There is significant room for improvement in the flow of information between the various parties involved.
So, mediation Archway helps parties let go of the past or put aside disputes that no longer serve them and their families in order to reach pragmatic child-centred resolutions through the mediation process.
When compared to going to court, it’s less stressful.
After a separation or divorce, it helps the parties, their children, and future generations lead happier and healthier lives.
The cycle of dysfunctional families can be broken through mediation Archway.
It’s a lot less expensive than going to court or relying on the services of an attorney.
Using mediation, the parties can reach an agreement more quickly because the mediator works at their own pace.
Non-legal issues, such as communication difficulties and boundary setting, can be discussed and agreed upon by the parties, unlike in court-based proceedings.
Research has shown that divorce mediation agreements are more likely to be upheld than court-ordered decrees.