Information Page

 

 

MEDIATION AND INFORMATION ASSESSMENT MEETINGS

 

 

From 6th April a whole new system comes into force for people whose relationships have broken down. If they want to go to court to deal with children’s issues or the distribution of finances on divorce, they will first need to attend a Mediation Information and Assessment Meeting (MIAM).

 

How do MIAMs work?

 

A solicitor or the client contacts a mediator to make an appointment and after a brief history is given, the mediator  assesses whether mediation is appropriate including giving information as to the various options available to the couple such as the court process; whether to involve solicitors or a DIY approach, whether counselling is appropriate; how mediation works and whether this would be suitable; to give information about costs and then assess whether mediation might be a possibility depending on screening for safety issues for children and mediation participants.

 

So what is Mediation?

 

Well, it is not couple counselling or therapy. It is not about trying to achieve a reconciliation, but it is for those who have already decided to separate and want to make decisions about their independent futures and their children with the help of a Mediator. Mediation is voluntary, confidential (except when someone’s safety or welfare may be in danger, or when financial information is disclosed) and the Mediators are impartial. The participants make their own decisions; no-one tells them what to do. Each partner must be willing to attend.

 

 

How does Mediation work?

 

Meetings take place with the couple and the mediators, who have professional experience of family law, counselling and family work. Mediators help couples tackle the legal financial and emotional problems associated with separation and divorce as well as arrangements for children. The number of meetings depends on the complexity of the issues involved, the average being between three and six meetings. At the end of the process the Mediators prepare summaries which are sent on to the solicitors involved, so that the legal documents can be finalised.

 

What about the children?

 

Parents who can co-operate offer their children a better chance of surviving the break. Mediation will not take parent’s decisions from them but will help them negotiate arrangements which will benefit the whole family.  The aim is for a continuing good relationship between each parent and their children. Sadly when relationships break down, children can get caught in the crossfire of their parent’s dispute, yet each parent will want to do the best they can for their children. Mediation helps them keep the communication channels open which helps the parents discuss arrangements and make joint decisions for their children in a calm and safe environment.

 

You want a separation or divorce: do you have to attend a MIAM?

 

You only need to attend a MIAM if you want to ask the court to resolve issues relating to your children or finances. Research has established that those decisions made jointly work better and last longer than those imposed by the court so you can use the Mediation process to assist you achieve an amicable split which means you will be able to maintain a relationship as parents for your children for the future going forward.

 

 

Anne-Lise Wall                                                Jane Wright

Accredited Mediator/Family Lawyer              Accredited Mediator/Family Lawyer

alw@merronywall.com                                   jwright@merronywall.com

Tel: 020 8898 4700                                         Tel: 020 8898 4700