Family Mediation Week: Mediation FAQ – Your questions answered

Disputes concerning relationship breakdowns or children can be challenging and emotionally draining. We understand that every family is unique and all those involved wish to avoid added stresses and cost of what often feels like unresolvable hurdles in the process.

At Owen White Catlin, we understand the importance of resolving these issues quickly, cost-effectively and with compassion. Family mediation provides a constructive, collaborative way to navigate conflicts while reducing some of the stresses and expenses of going to court.

Below, we answer some common questions we are asked by clients to help you understand how mediation works, the benefits, what’s involved and if it’s right for you and your family.

• What is family mediation?

• What can be resolved through family mediation?

• Why should we choose to go to family mediation?

• How does family mediation work?

• What happens at the initial MIAM meeting?

• What is the process after the initial MIAM?

• How should I prepare for mediation?

• How long does family mediation take?

• Is family mediation just for divorcing couples?

• How much does family mediation cost?

• Who pays for family mediation?

• Do I need legal advice during family mediation?

• Are mediation agreements legally binding?

• Does family mediation replace going to court?

• What happens if family mediation doesn’t work?

• What if the other party refuses mediation?

• How do I begin the mediation process?

• Why choose Owen White Catlin for family mediation?

What is family mediation?

Family mediation is a voluntary process where a neutral mediator helps individuals resolve disputes by facilitating communication and negotiation. It’s commonly used to address issues related to divorce, separation, children, and financial settlements.

What can be resolved through family mediation?

Mediation can address various family-related issues, including, but limited to:

• Child arrangements: Living arrangements, visitation schedules, and decision-making responsibilities.
• Financial matters: Division of assets, spousal maintenance, and child support.
• Property division: Agreements on property ownership or sale for unmarried couples.

Why should we choose to go to family mediation?

Mediation offers several key benefits:

• Cost-effective: It is more affordable than court proceedings.
• Faster resolutions: Sessions are arranged at your convenience which can avoid lengthy court delays.
• Private and confidential: Unlike court cases, mediation discussions remain confidential.
• Collaborative: Mediation promotes healthier communication and mutual agreements which are reached by the participants tailored to their and, if applicable, their children’s needs, rather than by lawyers or a court.

How does family mediation work?

The process typically involves:

1. Initial meeting: The participants attend a Mediation Information and Assessment Meeting (MIAM) to determine whether mediation is suitable. This is also an opportunity for the participants to discuss how mediation will proceed, the costs, and what they are looking for from the process.
2. Mediation sessions: A trained mediator facilitates discussions to address the issues and work toward resolutions.
3. Agreement: If successful, agreements can be drafted and, where needed, made legally binding.

What happens at the initial MIAM meeting?

At the Mediation Information and Assessment Meeting (MIAM), the mediator explains the mediation process and assesses whether it is suitable for your situation. Both participants would attend separate meetings and discuss their concerns and goals in a confidential setting. The mediator may also explore alternative dispute resolution options if mediation is not appropriate. This meeting is an opportunity to ask questions and set expectations for future sessions.

What is the process after the initial MIAM?

After your initial MIAM, if mediation is deemed suitable and both participants agree to proceed, the process typically involves:

• Planning sessions: The mediator schedules sessions based on your availability.
• Discussion of issues: Key topics such as child arrangements, financial settlements, or property division are addressed.
• Draft agreements: The mediator records any proposals exchanged  during sessions.
• Legal formalisation: Proposals can be drafted to assist the participants in obtaining advice and making them legally binding if required through a consent order.

How should I prepare for mediation?

The mediator will outline what is required following discussions with both participants.  Preparation from the participants help ensure productive sessions. Consider bringing:

• Financial documents such as income statements and asset details.
• A clear list of issues you wish to address.
• An open mind and willingness to compromise.

How long does family mediation take?

The duration of mediation depends on the complexity of your situation on a case-by-case basis. Simple disputes may be resolved in one or two sessions, while more complex matters might require additional meetings over several sessions.

Is family mediation just for divorcing couples?

Family mediation is open to many people, not just for divorcing couples. It can be used by unmarried partners, parents, or other family members dealing with disputes about finances, property, or matters concerning child. Mediation is a flexible process designed to meet the needs of any family relationship in conflict.

How much does family mediation cost?

The cost of mediation varies depending on the complexity and duration of your case. At Owen White Catlin, we provide clear, upfront guidance on costs so you can plan accordingly.

Who pays for family mediation?

Costs are typically shared between the participants, but flexible arrangements can be made.   We do not offer Legal Aid for mediation.

Do I need legal advice during family mediation?

While mediation is designed to help you reach agreements amicably, seeking independent legal advice ensures you understand your rights and any agreements’ legal implications. We can assist you in accessing expert advice during and after the process.

Are mediation agreements legally binding?

Proposals made in mediation are not legally binding and remain confidential. However, they can be formalised into a consent order, which the court can approve, making them enforceable.

Does family mediation replace going to court?

Unfortunately, mediation may not entirely replace going to court. While it often resolves disputes more efficiently and amicably, some cases may require court involvement if an agreement cannot be reached, or if specific legal orders are necessary.

However, mediation is a recommended first step as it can reduce the need for court intervention and foster better outcomes for all involved.

What happens if family mediation doesn’t work?

If mediation doesn’t resolve your issues, you can still pursue court proceedings or another method of non-court dispute resolution which will be discussed with the participants. Courts often require an attempt at mediation before an application can be issued.

What if the other party refuses mediation?

Mediation is voluntary, and those concerned must agree to participate. If one person declines, we can help explore alternative dispute resolution methods and provide the necessary MIAM form to confirm that mediation has been attempted.

How do I begin the mediation process?

The first step is scheduling a Mediation Information and Assessment Meeting (MIAM). At Owen White Catlin, we can guide you through this process with clarity and compassion.

Why choose Owen White Catlin for family mediation?

We are committed to providing a supportive and professional mediation service tailored to your needs. Our experienced mediator and legal experts work relentlessly to achieve the best outcomes for our clients, prioritising your family’s well-being and future.

Contact us today to arrange your initial meeting and take the first step toward resolving your family dispute. Call us today on 0208 890 2836 or email us at contact@owc.co.uk.