Family Mediation Hungerford

What is family mediation?

Family mediation is a structured process in which an independent mediator helps people discuss and try to resolve issues arising from separation, divorce, or family conflict. This could include children, finances, property or future arrangements.

What does a family mediator do?

A family mediator manages discussions, helps identify the issues that need resolving and supports both people in exploring possible solutions.

The mediator remains impartial and does not decide the outcome for you.

Does a mediator take sides?

No. Family mediators are impartial.

Their role is to help both people participate in constructive discussions rather than decide who is right or wrong.

Do I need a solicitor before starting family mediation?

You do not normally need a solicitor to arrange a MIAM or begin mediation.

However, obtaining independent legal advice can be helpful, particularly where financial matters or formal legal agreements are involved.

What is a MIAM?

MIAM stands for Mediation Information and Assessment Meeting.

It is usually your first private meeting with a mediator. You can explain your circumstances, learn how mediation works and discuss whether mediation appears suitable.

Do both people attend the MIAM together?

Normally each person attends their MIAM separately.

This allows you to speak privately with the mediator about your circumstances and any concerns you may have.

Do I have to attend a MIAM before going to court?

For many family court applications concerning children or finances in England and Wales, the person making the application will normally need to show that they have attended a MIAM first.

There are recognised exemptions, including some circumstances involving domestic abuse, urgency or other specified situations.

Do both people have to agree to family mediation?

Mediation itself is voluntary.

Both participants usually need to be willing to take part for mediation sessions to proceed.

You can still attend your own MIAM even if you are unsure whether your former partner will participate.

What happens if my ex refuses mediation?

You can still attend your own MIAM.

If appropriate, the mediator may invite your former partner to attend their own meeting.

If mediation cannot proceed, the mediator can explain your available next steps.

Can family mediation help with child arrangements?

Yes.

Parents commonly use mediation to discuss where children will live, how much time they spend with each parent, holidays, schooling, communication and other parenting arrangements.

Can family mediation help with finances?

Yes.

Financial mediation can include discussions about property, savings, pensions, debts, income, mortgages, investments and future financial arrangements.

Can mediation help us decide what happens to the family home?

Yes.

The family home can form part of financial mediation discussions alongside mortgages, other property, savings, pensions, debts and each person’s future housing needs.

Can unmarried couples use family mediation?

Yes.

You do not have to be married to use family mediation.

Cohabiting couples and parents who were never married can also use mediation to discuss separation, finances and arrangements for their children.

Can grandparents use family mediation?

In some circumstances, yes.

Mediation can also help wider family members discuss disagreements involving children or family relationships, where appropriate.

What is shuttle mediation?

Shuttle mediation involves participants communicating with the mediator separately rather than sitting in the same conversation.

The mediator moves between the participants and helps facilitate discussions.

It may be considered where direct communication is particularly difficult or where additional safeguards are appropriate.

Can family mediation be done online?

Yes. Many mediation meetings can take place through video appointments.

Online mediation can be particularly helpful when participants live in different areas or find it difficult to attend in person.

Is family mediation confidential?

Family mediation is generally confidential, subject to specific exceptions such as serious safeguarding concerns or other circumstances where disclosure may be legally required.

Your mediator will explain confidentiality during the process.

Is an agreement reached through mediation legally binding?

Not automatically.

Depending on the type of agreement, further legal steps may be required to make the arrangements legally binding.

For example, financial proposals following divorce can be incorporated into a consent order for court approval.

Can a mediator give me legal advice?

A mediator can provide neutral information about the mediation process and may explain when independent professional advice could be useful.

They do not act as your personal solicitor and cannot provide individual legal representation to either participant.

How many family mediation sessions will we need?

There is no set number.

Straightforward matters may be resolved relatively quickly, while complicated child or financial arrangements may require several sessions.

Your mediator will discuss this with you as the process develops.

What happens if we cannot reach an agreement?

Mediation does not guarantee an agreement.

If you cannot resolve every issue, you can discuss alternative options with your mediator and obtain independent legal advice about the next steps available to you.

Even where full agreement is not reached, mediation can sometimes help narrow the number of issues still in dispute.

Can mediation still help if court proceedings have already started?

Potentially, yes.

Mediation may still be considered after court proceedings have begun if it is safe, appropriate and both parties are willing to participate.

How do I start family mediation?

The first step is normally to arrange a Mediation Information and Assessment Meeting (MIAM).

You can attend this meeting privately and explain your circumstances before deciding what you would like to do next.