How it works
Initial Intake Meeting
The first stage is to meet with each of you separately for an intake meeting. The purpose of an intake meeting is to understand your situation in some detail, to talk about the mediation process and to explore whether mediation may be suitable for you, or whether other options may be better. An intake meeting is likely to last about one hour. Unlike most of the rest of the process, these meetings are confidential and we will not disclose to the other client what you tell us, unless you ask us to.
Some people will have heard of what is called a Mediation Information and Assessment Meeting (“MIAM”). The Court will usually expect a person to attend a MIAM before issuing Court proceedings. The initial intake meeting will be conducted in such a way that you can have a certificate if required, so that it can stand as a MIAM.
Joint Mediation Process After That
If you both wish to proceed after the initial intake meeting/MIAM, we will arrange for the joint mediation process to start. How long the process takes will vary from case to case. But, as a rough guide, a mediation that proceeds to a successful conclusion may take, say, 3-5 joint sessions, over the course of a few months, each session typically lasting up to about 2 hours or so.
As we go through the mediation, we will listen to what is important for each of you and for any children, and we will explore possible solutions with you. Ultimately, the goal of the family mediation is to arrive at a solution that you are both comfortable works for your situation. After each session, we will usually send you a note setting out the key aspects that emerged from the session, together with the next steps for you each to take.
Whilst the initial intake meeting will likely be with only one mediator, we will usually suggest involving (at no extra cost to you) an additional mediator, known as a co-mediator, for the rest of the process. We believe co-mediation can carry significant benefits for you. We will draw on our network to suggest a co-mediator we think will work well in your circumstances, but of course always subject to your approval.
At the first joint session, you will be asked to sign our Agreement to Mediate, which we will talk you through and which sets out in a clear way various relevant aspects of the mediation.
Issues
There may very well be a wide variety of issues that you need to address, different in each case. We will listen carefully to what you say to us and will identify the issues that you want to discuss. We will suggest a way in which those discussions might most usefully happen, and agree a way forward with you. A couple of high level points for you to note:
Finances and Property
If you have financial and property issues to discuss, you will need to provide each other with detailed financial information. This usually involves quite a lot of preparation. Often, much of the work can be done by you outside the family mediation sessions and in preparation for them; sometimes with your solicitors or financial professionals. We will summarise the information, in a document, usually called an “Open Statement of Financial Information”.
Children
If there are children involved, we will encourage you to really think about their welfare and about arriving at a solution that truly puts them first. We will explore a number of options with you. These will include giving your child the opportunity (only with their consent and with yours) to express their feelings and wishes for the future. If this is the case, we will ensure that it only takes place with a mediator specially trained in what is called Child Inclusive Mediation. Child Inclusive Mediation (or CIM, as it is known) can have a very positive impact on a mediation.
Documents We Produce At The End Of A Successful Mediation
Open Statement of Financial Information: this is an “open” document, signed by you, which may be used outside the mediation, including by the Courts.
Confidential Summary of Mediation Proposals this document sets out what you want to happen next. It explains in some detail what arrangements you both think could be made and why you have chosen them. It is not itself a legally binding document, but can usefully be taken to your respective solicitors for legal advice. They can if appropriate also draw up a legally binding agreement for you to sign. As regards financial issues, in order for an agreement to be binding, it will need the approval of the Court.