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Mediation

Mediation is a very important tool if you are in a relationship. Courts now expect couple to have used mediation before applying to court for intervention. The expectation is high to go to mediation. A mediator is an impartial professional who facilitates the session between you and a (ex) partner or other family member. You can mediate on a wide range of issues that cover financial issues, property and custody issues. Any agreement that is made during the session may be useful if future communication breaks down. You could use it to support your case if it went to court. Please note that it will not be legally binding though. You do not have to be a married couple to attend our mediation service.

Informal Mediation offered by our Experts:

Offer you a safe and professional setting to discuss important family issues

Help you to discuss financial issues

Help you to discuss child custody issues

Help you to agree to any terms of divorce i.e.  how you will split assets

We can draft consent orders if you are happy with the terms that have been agreed. Please refer to our Consent Order section.

There are some exceptions to when mediation is not necessary before applying to court:

  • You and your former partner are in agreement about the separation and there are no disputes.
  • A mediator indicates on the court application that the other partner is not willing to attend the MIAM session.
  • Domestic violence is being alleged by you or somebody else against the other part. There is evidence to support the allegations such as a police report or a non-molestation order, restraining order or injunction.
  • You are already involved in other family law matters and the application to court you wish to make relates to those issues
  • There are safe guarding issues or a risk to life of the person making the application or their home or their family
  • Issues relate to finance and one of the parties is bankrupt
  • You or your partner are not living in England or Wales so are not “habitually resident”.
  • You no longer know where you ex-partner is
  • For a certain reason you are unable to inform your ex-partner of the reasons that you are making the court application i.e. to get an injunction  
  • The social services are making investigations due to concerns about your child’s safety
  • You have been unable to find a mediator within 15 miles of your home or you have tried to contact 3 mediators within 15 miles of home but have not been able to make an appointment within 15 working days.
  • You might not have to attend a mediation appointment if you or your partner are disabled. However you will still have to attend the session if the mediator can provide the appropriate facilities to support you.
  • You have tried mediation within the last 4 months but it has not resolved the dispute. A mediator must confirm that mediation has not worked and is not considered to be the best way forward. Please note that it needs to be a mediator and not yourself who provides the confirmation.

Other exceptions might apply to your case but it is important that you speak to a mediator about this directly. We advise you to do this before making any court applications.

Please note that it is not enough for you to write this on the form yourself, it must come from the mediator.

There may of course be other particular exemptions that apply to you. Before going to court, an application form has to be completed which sets out all the possible exemptions. A mediator will go through this with you and determine whether an exemption applies to your particular case.

We can refer you to local and professional mediators. We can help you to arrange a Mediation Information & Assessment Meeting (MIAM) with a registered Family Council Accredited mediator. The mediator will draft a report that can be used in court. Please note that the report will not be legally binding but persuasive in the courtroom. You can mediate on a range of issues ranging from financial to child custody issues. This can be used if you are applying for child arrangement orders.