Family mediation is seen as a cost-effective route for a couple who are separating to discuss and agree on their financial and child arrangements. But is family mediation legally binding? Can a court order me to participate in Family Mediation? Accredited Family Mediator, Sam O’Dwyer discusses MIAMs and the legalities of family mediation.
What is Family Mediation?
Family Mediation is a voluntary process which requires you and your ex-partner to work cooperatively together to find solutions following your decision to live apart. Typically, this relates to childcare and financial issues. It is a way of helping families reach difficult decisions regarding their future in a safe, neutral environment. You are both in control of the process.
Mediation Information and Assessment Meetings
Although mediation is a voluntary choice, most people who are going through family court proceedings are required to attend an initial meeting (a Mediation Information and Assessment Meeting sometimes known as a ‘MIAM’) to determine whether an agreement could be made away from the courtroom. This meeting also includes information about what Mediation is like and whether it is suitable for them.
In the meeting, the Mediator will tell you about mediation and other options to help you resolve matters away from court. Court is the least used option for many reasons, and it is their job in this meeting to make sure that none of the other options would work better for you.
Is Family Mediation compulsory?
Whilst mediation remains a type of voluntary non-court dispute resolution, if court proceedings are issued, you will need to attend a MIAM meeting prior to issuing proceedings and this is a legal requirement. Further down the line, and during proceedings, the court can order that proceedings are adjourned to allow the parties to attempt mediation.
In financial court proceedings you will also need to explain to the court the attempts that have been made to non-court resolution including mediation.
Can I or my ex-partner refuse family mediation?
Family mediation is voluntary and so you can refuse to partake in the process. However, if you are taking your case to court then you will have to attend a MIAM unless there are specific circumstances where mediation would not be suitable (for example, domestic abuse)
Can the family court order mediation?
The court can order that any court proceedings are adjourned to allow mediation to be attempted.
Is family mediation legally binding?
Mediation is a voluntary confidential process. If you reach an agreement in financial mediation this would need to be incorporated into a Consent Order and receive judicial approval to become legally binding.
About the Author
Sam O’Dwyer is an Accredited Family Mediator and member of Resolution. Based in West Wickham, Sam is well placed to guide clients through the whole mediation process and can also conduct MIAMs (Mediation Information and Assessment Meetings) for people during family court proceedings.
