Providing families with an affordable, appropriate & effective alternative to court.
Family mediation is a modern process where a skilled, independent, and impartial mediator assists you in working out arrangements with another participant.
It is private, confidential, and independant allowing settlements to be agreed which neither a court nor an arbitrator might have the power or authority to impose.
The mediator's role is to help you work through disagreements, find solutions that work for the both of you and assit with make the agreements reached legally binding, should you wish to do so.
"The government’s Family Mediation Voucher Scheme will be extended until April 2025 backed by an additional £15 million in funding. The scheme provides separating couples with vouchers worth up to £500 to help them solve disputes through mediation"
"Family mediation lets you stay in control. Unlike in court, where a judge makes the decisions about child and financial arrangements, in mediation you and the other person/people decide what you agree to and what you don’t. When it comes to your children, mediation can help you put your child’s interest first.
Mediation can be less stressful and far quicker than going to court so can be an efficient way of resolving disagreements. If you cannot reach an agreement, you still have the right to go to court. You can also use family mediation after you made an application to the court.
It can be difficult for separated parents or other family members in dispute to talk to each other and work together to find solutions. Family mediation provides a safe and supported structure to sort out the best arrangements for children, as well as other considerations such as how to divide assets and money, and where you and your children will live.
Family mediation can also help when circumstances change which means you need to make new arrangements. For example, as children grow up, family mediators can help you agree on changes to arrangements for children without having to go to court"
Ministry of Justice
1. Organise initial meetings with everyone involved to discuss what needs to be resolved and undertake background research to asses whether mediation is suitable.
2. Explain the mediation process to all participants and give equal opportunity for them to take part.
3. Get written consent from everyone participating in sessions confirming they are willing to engage with the process.
4. Facilitate the mediation process by arranging sessions, maintaining confidentiality and communicating with both parties.
5. Identify what each person wants to get out of mediation concentrating on what everyone has to say.
6. Make accurate and impartial notes from each sessions to reflect on any remaining issues, as well as outcomes that have been reached, for your clients to review
7. Assess whether mediation is effective and resolution is likely, or if mediation is not helping the situation.
8. Work professionally within a code of practice (Family Mediation Council FMC Code of Practice).
9. Make sure the participants understand what the final agreement means and put the agreement reached in writing.
10. Provide support with making the agreements legally binding, if both parties agree on doing so.
Mediators can not provide any legal advice.
All parties must agree to participate in the mediation process. A mediator can not force someone to engage if they do not wish to do so.
Mediators can not make decsions for the partcipants. They can only aid in reaching mutually agreeable decisions that works for both parties.
Mediators can not take sides and have to act impartially at all times.
If you are stuggling with any issues that the mediatior is unable to help you with, they will signpost you to someone who can help.
The Ministry of Justice
by Protocol IT
family-mediation-leaflet (pdf)
DownloadFMC.Family-Mediation-leaflet-2024 (pdf)
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