Mediation Process

1. We disagree.

2. We can't work things out between us

3. We need to decide how to resolve our dispute. Do we a) go to court (see 4. below) or b) try mediation (See 5. below)

4. If we decide to go to court, the court will ask us to fill in an application form.

On that application form we need to say that we have attempted mediation.  So we need to attend a MIAM with an accredited mediator. That mediator can sign a page of the court application form to show you have attended and attempted mediation by at least attending a MIAM. The court expects us to allow the other person to also attend a MIAM so it is now the default for the other party to get the chance to attend a MIAM too. We attend the MIAM seperately.

5. If we decide to try mediation without considering court we attend a MIAM. We do this separately. 

6. In the MIAM we hear about what mediation involves and we explain to the mediator what needs to be resolved. The mediator will assess the suitability of mediation. See MIAM

7. On finishing the MIAM, the second party will be invited to attend a MIAM.

8. Once both parties have attended a MIAM a mediation session will be booked. See Mediation

9. You may need between 1 - 7 mediation sessions.

10. If you reach agreements, the mediator will provide you with a clear outcome statement. 

11. If you wish your agreements to be made legally binding (most likely in a financial mediation) you both need to take this outcome statement to a solicitor. They will send it to a court who will either question it or sign it off. 

12. You may not want or need to make it legally binding in which case you try to follow your agreement in good faith. 

13. You can return to mediation in the future if you need to tweak or change your agreement.

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DIVORCE

1. The divorce process is separate from either the mediation process or indeed going to court. 

2. You can apply for a divorce online. 

3. The divorce process is only important as far as mediation is concerned if you are seeking a financial agreement or settlement. You invariably need to agree on a financial settlement before your final divorce order comes through. If you are using mediation to work out that financial settlement then you may want to stall the final divorce order until that agreement has been reached.