Mediation and the alternatives
With our expert advice, at MIAMS we can help resolve divorce and separation disputes.
With our expert advice, at MIAMS we can help resolve divorce and separation disputes.
When facing family disputes, the prospect of a drawn-out court battle can seem daunting and overwhelming. MIAMS offers an alternative—a journey where you are in control. Instead of leaving decisions up to a judge, mediation empowers you to work collaboratively with the other party to find mutually agreeable solutions. In this blog, we’ll explore how mediation puts you in the driver’s seat and why it is an effective way to resolve family conflicts.
Mediation is a process where a neutral third-party mediator facilitates discussions between disputing parties. The goal is to help them reach a voluntary, mutually beneficial agreement. This process can address various issues, including divorce, child custody, financial arrangements, and other family conflicts.
One of the key advantages of mediation is that it gives you control over the outcome. Here’s how:
Voluntary Participation: Mediation is a voluntary process. Both parties must agree to participate and can withdraw at any time. This ensures that both sides are committed to finding a resolution.
Direct Communication: Mediation encourages open and direct communication between parties. You have the opportunity to express your concerns and priorities, fostering a better understanding of each other’s perspectives.
Flexible Solutions: Unlike court-imposed decisions, mediation allows for creative and flexible solutions tailored to your specific situation. You can explore a variety of options that might not be available in a courtroom setting.
Confidentiality: Mediation sessions are private and confidential. This means that you can discuss matters openly without fear that your words will be used against you in court.
Speed and Efficiency: Mediation is often quicker and more cost-effective than litigation. This means you can reach a resolution faster and move forward with your life.
The mediators plays a crucial role in guiding the process but does not make decisions for you. Here’s how they help:
Initial Meeting: The process begins with an initial meeting with MIAMS for a Mediation Information and Assessment Meeting (MIAM), where you discuss your situation and the mediator explains how mediation works.
Sessions: Mediation typically involves multiple sessions. Each session focuses on different aspects of the dispute, such as financial issues or child custody arrangements
Agreement: Once an agreement is reached, the mediator helps draft a Memorandum of Understanding, which outlines the terms of the agreement. This document can be made legally binding if both parties agree.
General information about Mediation, Please click the links below to find out more info:
Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the supportof a mediator who will hold a Mediation Information Assessment Meeting or MIAM. A MIAM can guide communication and set the tone for the goals of mediation.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms either virtually or physically and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
MIAMS Mediators can also help with will disputes: resolving issues between and coming to an acceptable compromise to the conflict that arises as a result of separation.