Below are some frequently asked questions and answers about the mediation process.
Do I have to attend Mediation?
No you do not have to attend mediation – mediation is a voluntary process.
However, recent changes in the law mean that if you and your spouse or partner are in dispute about issues regarding financial matters or the children then before you can make any applications to the court you are required to attend a Mediation Information Assessment Meeting known as M.I.A.M. The purpose of this initial meeting is to explain to you the different methods you could adopt in trying to resolve your disputes away from the courts. In the event that none of these different methods are suitable for you then the mediator will complete the form needed by the courts to show that you have attended a M.I.A.M. meeting and that mediation is not appropriate for your case. The cost of a M.I.A.M. meeting is £135.
How long does the mediation process take?
Mediation takes as long as it takes for you and your ex partner or spouse to reach solutions to the issues you wish to resolve. Most separating couples resolve matters within two to four sessions.
Normally a mediation session takes place every three to four weeks so as to allow you both time between each session to reflect on what was discussed and how you feel about the options available to you. There may be a delay between sessions because you are both having to obtain financial information and paperwork such as pension figures and details regarding the mortgage. A timetable for the next session is normally agreed at the end of each session.
Once we are in the mediation process can I talk to you without my ex partner or spouse knowing?
As your mediator, it is paramount that I remain impartial, neutral and transparent. In order to maintain this transparency and impartiality I cannot speak to either of you separately away from the other once the mediation process has commenced. If either of you contact me during the mediation process then I will need to inform the other party of that contact and what was spoken about. Any communication I have with either one of you will be undertaken openly with the other party receiving a copy of any emails or letters that may be exchanged between us.
Is everything in mediation confidential and without prejudice?
What is discussed between the two of you is discussed on “without prejudice” basis. This means that what is discussed in mediation between the two of you cannot be used in court or by solicitors in the future if it becomes apparent that mediation is not going to work. This gives you both the opportunity to discuss options and explore ideas without fearing such suggestions may be used against you in the future.
Subject to two exceptions what is discussed in mediation is also confidential. The two exceptions are:
(1) if during a mediation session it becomes apparent to me that a child or adult is at risk of harm then I can report my concerns to appropriate authorities so that they may take steps to protect that child or adult.
(2) if during a mediation session, it becomes apparent to me that a financial crime is being committed or there is an issue regarding proceeds of crime I may disclose information to appropriate authorities in order to prevent further crime taking place.
How do I complain if I am unhappy with the service I receive?
It is hoped you will never have cause to complain about the service you receive from me but should you feel my mediation service falls short then I would want to know about it so that I might have the opportunity to explore and address your concerns.
In the first instance please consider sending me an email or giving me a call because hopefully that is all it will take to put things right. However, if you wish to make a more formal complaint then my complaints policy can be found here: https://justtalkgroup.co.uk/mediationcomplaints
