Here is a concise breakdown of how the family mediation process works.
Initial Agreement
Both parties agree to enter mediation often because they want to resolve a dispute without going to Court. Sometimes mediation is required by law in that both parties have to consider whether mediation will be suitable for them and demonstrate to the Court that they have done so by way of attending a Mediation Information & Assessment meeting (MIAM), before they are able to make an application to the court, unless they qualify for an exception to this e.g. urgency, a background of domestic abuse etc.
Choosing a family mediator
The mediator is a neutral third party trained to help to resolve conflicts and can be a Family Lawyer/Mediator. They do not make decisions for the parties but guide them in negotiating and facilitating a resolution.
Setting ground rules for family mediation
At the beginning of the mediation session, the mediator sets ground rules (e.g. speaking respectfully to one another and there being no interruptions) to create a safe and open environment for the couple’s dialogue for presenting the issues. Each individual is to get a chance to present their perspective on the issues in dispute. The mediator will encourage clear communication and ensure that everyone has a chance to speak.
Identifying interest
The mediator helps each of the couple to identify their underlying needs and interests rather than just their positions. This will prevent the process from becoming entrenched and polarized.
Exploring solutions during mediation
The mediator facilitates brainstorming and reality testing, so helping the parties come up with potential solutions. This will encourage collaboration and compromise so that it moves away from the lose/win approach.
Private sessions (Caucus)
If needed the mediator might meet with each party individually in a private session to explore sensitive issues, provide feedback or suggest options that may not be discussed in the joint sessions.
Reach an agreement
If both parties find a mutually acceptable solution the mediator will set out the proposed settlement terms in a document known as a Memorandum of Understanding. This is not however binding on the parties until they have received advice on this and it has been drawn up in a mutually binding document known as a Consent Order and signed by the couple/and their respective solicitors.
Resolution
The mediator will conclude the mediation process – the parties will take the Memorandum of Understanding and an Open Financial Statement setting out both the parties’ financial disclosure, (if dealing with a financial settlement within a divorce or civil partnership). If the parties have been unable to reach a resolution on all issues they might then consider litigation or arbitration.
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