Why choose us?
Aspire Family Mediation offers family mediation in UK.
We are members of The Family Mediators Association (FMA) All our mediators are accredited or working towards accreditation. We have professional mediators certified to work straight with children and offer child inclusive mediation to supervise the practice of other mediation services.
We understand both the law and people.
We offer mediation across Hemel Hempstead, Watford, St. Albans, Harpenden and near Banbury – currently our appointments are by Zoom. We are able to offer Urgent MIAMS (Mediation Information Assessment Meeting) should you need a MIAM to proceed with court quickly.
WILL IT LOOK BAD IF I DECLINE TO GO TO MEDIATION?
Mediation is a voluntary process, although the courts can and will take a look at the conduct of both parties before and throughout the court procedures. An important part of this conduct is showing you have actually acted reasonably and tried alternate forms of disagreement resolution, such as family mediation and followed court procedures.
Conduct, including declining mediation without an excellent reason, can be taken into consideration when taking a look at the awarding of costs and, for financial disagreements, in the division of possessions. Have a look listed below for more information about what happens if you don’t go to mediation.
BACKGROUND
Since April 2014 it has been a legal requirement to attend a MIAM to help you consider the advantages of family mediation prior to you can sending an application to the court for a child plans or financial order.
This is for several reasons
- The courts were ending up being overwhelmed with cases
- A lot of the cases could, and most likely should, have actually been solved without the need to go to court
- Court is not always the very best place to deal with concerns relating to a household matter
DO I NEED TO GO TO MEDIATION?
In order to send an application to the court you need to show that you have at least considered family mediation, by way of going to a Mediation Information Assessment Meeting called a MIAM. A MIAM is held with a household mediator who will explain how mediation works, assess whether it appropriates for your case and answer any issues or concerns you may have about mediation. You can read out supreme guide to a MIAM here.
In many cases you may be exempt from participating in a MIAM, for example if you have actually been a victim of domestic abuse and have the relevant evidence, or if a child is at impending risk.
I HAVE RECEIVED COURT PAPERS BUT I WAS NOT INVITED TO GO TO MEDIATION– WHY IS THAT?
This might be due to the fact that the other parties qualify for MIAM exemptions or because they have already attended a MIAM and the accredited mediator has decided the process of family mediation is not ideal
If you wish to go to family mediation, you can approach the other party and recommend this, or write to their solicitor suggesting family mediation. You can also notify the judge that you would prefer to deal with the concern through family mediation. The judge will then decide on how your case should proceed.
WHAT IF THE JUDGE THINKS ABOUT THE CASE APPROPRIATES FOR MEDIATION?
If the judge thinks it would be better for you both to attempt to reach an agreement through mediation, then the judge can direct the case is adjourned a couple of months whilst you both try and deal with the matters through mediation. This direction can be at any phase of the proceedings– often the judge might give a sign of what they would purchase and then ask you to mediate out the specific details in between you.
If you are directed to try mediation by a judge, you still do not have to do it, mediation is always voluntary– however the judge would need to know why you have refrained from doing as they suggested and your conduct may be considered when it pertains to the decisions and in the final judgement
CAN MY LAWYER DECIDE IF MEDIATION IS NOT SUITABLE?
No, only a mediator can choose if mediation is not ideal for your case. Once they have made a decision that mediation is not the best course of action, unless the situations have changed since decision was made. In such cases, you might want to attend a new MIAM to see if mediation is now appropriate.
I HAVE BEEN INVITED TO MEDIATION — DO I NEED TO REACT?
Yes, you should react to the mediator or the mediation service who contacts you. The mediator will be neutral and it does not matter who has seen them first. The mediator will typically wish to see each of you by yourself prior to any joint mediation sessions can happen.
If you don’t respond to mediation without a good reason you will typically need to discuss why you declined mediation to the judge, if your case consequently does goes to court.
WILL IT BE HELD AGAINST ME IF I DO NOT ATTEND MEDIATION?
Quite potentially. Whilst mediation is voluntary, under family law, your case will usually be involving child plans, a financial order or both. Take a look below on how it can affect your case:
MEDIATION FOR CHILD PLANS ORDERS
The judge will typically be asked to make a decision on with whom the children will stay with and when. They may be deciding on a specific concern, such as whether the children can go on a holiday overseas, or which school they will attend.
The primary focus will be on what remains in the very best interests of the children their security and their physical and emotional wellness. If CAFFCASS are involved they may interview the kids if they are deemed old enough and likewise make a report on the parents and their background, the judge will be the individual making the final decision.
Considering a resolution of your parenting concerns between you through mediation, shows the court you have actually attempted to resolve issues.The judge might not look too kindly on a mums and dad who has sought to slow down or interrupt the the procedure, have not reacted to invitations to mediate or sort matters out amicably.
WHAT ACTIONS COULD BE THOUGHT ABOUT AS FRUSTRATING THE PROCESS?
- Not replying to an invitation to mediation.
- Getting an invite and denying it had actually been gotten.
- Reserving in visits and after that continuously cancelling them.
- Demanding a visit at the weekend or at a date months in the future.
- Firmly insisting that your solicitor or another individual exists at the mediation (you can have somebody in assistance for your MIAM).
- Decreasing mediation as you decline to move from your position.
- Decreasing mediation as you believe the other party won’t move from their position.
- Believing you are 100% right and your case is watertight.
- Not mediating as you do not trust the other party.
- Not mediating as you really dislike the other party.
- You don’t want to be in the exact same space as the other person (you can do shuttle bus mediation).
- Decreasing mediation as you can not get childcare organised (you would have to get child care set up to participate in court).
- Stating conditions on the mediation taking place. If the other party will concur to something in advance, ie just moderating.
The message from the family courts is that mediation needs to be attempted and participated in in good faith, unless an accredited family arbitrator thinks it is not appropriate or among the 15 exemptions applies.
THERE HAS BEEN DOMESTIC ABUSE IN OUR RELATIONSHIP, DOES THIS MEAN I DO NOT HAVE TO MEDIATE?
Possibly as one of the exemptions to attending a MIAM is if there has been domestic abuse against you in your relationship. Such abuse might be physical, verbal or mental. You have to offer proof of this exemption, which may be a police recommendation number, domestic abuse charity letter or note from a medical professional or other health specialist. The full details of proof needed are explained on the appropriate court types– Form A for a monetary order and C100 for kid plans. You might likewise complete a Form C1A which will detail any occurrences of domestic abuse and is sent to court alongside the relevant application.
You will require to discuss your situation with a family arbitrator at a MIAM if you do not have evidence. It may be that they choose mediation is not ideal and sign the court form accordingly.
Some individuals select to moderate in separate spaces by shuttle mediation– which can also be held online, where you do not appear on the very same screen.
MY EX WOSTAGNATE ON THEIR POSITION SO WHAT IS THE POINT OF MEDIATION?
90% of Aspire Family Mediation’s customers reach an agreement when they go on to joint mediation. The nationwide average is 74%– many more individuals reach an arrangement through mediation than don’t. Your ex’s position may be entrenched prior to mediation, but the mediation process helps you to explore options and reach contract, even from positions that were previously far apart or seemingly immovable.
I DON’T WISH TO MEDIATE AS I DON’T TRUST THE OTHER PARTY TO MAKE A COMPLETE FINANCIAL DISCLOSURE.
Intentional dishonesty on this kind can be considered fraud under the Fraud Act 2006 and would potentially put you in contempt of court. It is also most likely that you would be punished by the court for annoying the process, were you dishonest in your disclosure.
You can share Types E through mediation and your solicitor( s) can scrutinise them along with the mediation procedure.
MY EX AND I SIMPLY ARGUE WHENEVER WE DISCUSS THINGS, SO THERE IS NO POINT IN MEDIATION.
The mediator will assist you both have your say and make your points, whilst assisting you focus on the issues to be solved. Mediation is not about looking back over the relationship, talking about problems in the past or allocating blame. It is about helping you agree the parenting or monetary arrangements of your divorce or separation as relatively, agreeably and cost-effectively as possible.
HOW MUCH WILL MEDIATION COST
If you can not manage mediation do not qualify for for legal aid, you can expect costs from £120 per hour per person. Speak to our team to learn more.
CONCLUSION.
Whilst it is always a voluntary process, the court will ask you to show you have tried to resolve the concern you are asking them to make a judgement on in a sensible and accountable manner. To help this, the law states you need to attend a MIAM (Mediation Information Assessment Meeting) to think about family mediation for the most part. The court have large range powers and can guide you to attempt family mediation.
In order to send an application to the court you need to show that you have at least considered family mediation, by way of going to a Mediation Information Assessment Meeting– called a MIAM. A MIAM is held with a household mediator who will explain how mediation works, examine whether it is suitable for your case and answer any concerns or issues you may have about mediation. T
Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialised communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a “party-centred” process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution.
Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.
The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that “ordinary” negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude.
The term mediation, however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a civil, statutory law tradition.
Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator’s skill and training. As the practice gained popularity, training programs, certifications, and licensing followed, which produced trained and professional mediators committed to the discipline.
