All the answers below can be elaborated upon in mediation.

Any further questions you may have can also be answered during the mediation process. 

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What happens after my MIAM?

It is usual for us to invite the other party to attend a MIAM so they too can be equally informed about this process/ option. There may be a legitimate reason for us not to invite the other party in which case we will discuss this at your MIAM. However if you decide to go directly to court, the courts are expecting us to give the other party the opportunity to learn about mediation at a MIAM.

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“I’ve been invited to attend a MIAM but don’t think there’s anything to discuss.”

If you are the second party to attend a MIAM, be assured that this process is as much for you as it is for the person who initiated the process. A mediator is here to support all parties. We can’t disclose what the other party has told us at their MIAM because mediation is confidential, however, we can inform you of the nature of the mediation. eg 'child issues' or 'financial issues'.

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What happens after the both of us has attended a MIAM?

If both of you attend a MIAM and wish to give mediation a try then we will book a joint mediation.

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How long does a MIAM take?

A MIAM takes 45-60minutes.

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Where does the MIAM take place?

All MIAMs take place online via a Zoom link unless specifically requested.

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How long does a mediation session last?

Each mediation session is 1.5 hours long.

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How many sessions will there be?

You should expect anything between 1 – 7 sessions. The number of sessions depends on what needs to be resolved.

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Where does the mediation take place?

The mediation can take place online via Zoom OR we can arrange a face to face appointment in Newport, Monmouth, Ross on Wye, Hereford or Coleford.

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Will it work?

Mediation is not guaranteed to solve all your problems and it’s not a quick fix.

It is more likely to work if both people are willing to listen to each other and to negotiate and compromise. 

When mediation has finished, it is for both of you to commit to what you’ve agreed and to turn your agreement into a workable arrangement.

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What should I expect from a mediation?

You should expect to work hard and be creative in finding solutions. 

You need to listen to each other and allow the mediator to manage the conversation to work towards a productive outcome. The focus of mediation is the future. We try to help you find solutions.

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We are not therapists. Therapists will help you understand and analyse the past as a means to finding positive change within yourself for the future. You may wish to seek therapy at the same time as having mediation. This may help you with confidence and with empathy.

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In the mediation you need to think about whether the agreements you make are viable, realistic and are likely to last. It is important that you don’t feel you must agree to anything if you’re not sure/ ready or willing to do so.

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What happens at the end of a mediation session?

At the end of each session you will receive an outcome statement of what has been discussed and what has been agreed.

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Do I need a lawyer while I am mediating?

You do not have to have a lawyer however, depending on your circumstances it can help to have a lawyer to offer advice and inform you of what the law says and indicate what a judge may decide.

Understanding the basic law gives you boundaries. When you know what those legal boundaries are it helps focus the mediation on finding realistic solutions.

Mediators may signpost you to look at the relevant laws.

Mediators may signpost you to get legal advice if it is apparent that you need the support or advice. 

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What happens in financial mediations (where we need to resolve our assets/ liabilities etc)?

If you need to work out what to do with your finances then the first session normally involves disclosing what you have. We do this 'disclosure' together and it usually takes one session. You will receive a form to fill in before coming to mediation which asks you to provide details of all your assets, debts, pensions, income, projected outgoings etc.

At the end that session you will receive a draft Open Financial Statement detailing what you have disclosed.

If you need to separate your finances on divorce then disclosure is essential whether you have decided to mediate or use lawyers/ go to court.

If you’ve already seen a solicitor then you will have heard them refer to this 'disclosure' as the 'Form E'.

To save money, you can, at the very least, use mediation to complete this form. It is cheaper and quicker and means you are being transparent with each other from the start. People are anxious about this process but it is in everyone's your interests to be frank and honest about what there is or it will cost you more time and money in the future. This 'Form E' or Open Financial Statement is a snapshot of your finances and it provides the basis for your discussions in mediation.

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Once this has been completed the mediator will ask you to put proposals on the table. The mediator will help you negotiate with each other to find a fair agreement on how to separate your finances. If relevant, the mediator may signpost you to get expert advice along the way.

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We are not married. What does that mean for financial mediation?

You are able to use mediation as a way to resolve your finances even if you are a separating unmarried couple. 

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Where does mediation fit into the divorce process?

You can apply for a divorce online at any point regardless of whether or not you mediate.

The application to get a divorce is separate from the mediation process. 

However, if you are using mediation to resolve your financial issues then it is common for people to try to resolve their finances before the final divorce order is granted. The final divorce order can be stalled while a financial solution is worked out. 

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What happens when mediation finishes/ Memorandum of Understanding?

Providing you reach agreements using mediation you will be provided with a Memorandum of Understanding. This is your agreement that has been written as clearly and comprehensively as possible to avoid future conflict. This document is not legally binding. To make it legally binding you both need to take it to a solicitor who manages the administration. 

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Shuttle mediation​

If it is suitable then we can offer 'shuttle mediation'. This means that the mediator shuttles between the two of you and you do not have to see or hear each other. This does however mean that mediation will take longer - sometimes double the time. ​

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How much does mediation cost?

Costs

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