LEGAL EAGLE: Mediation can assist separated couples to reach an agreement a lot quicker

Instructing solicitors to negotiate means you do not have to attempt mediation first.

I have split with my husband; we cannot agree on the child arrangements or how to divide the finances. I do not want to see him – do I have to attend mediation?

If you wish to instruct solicitors to negotiate this matter then you can, you do not have to attempt mediation first.

However, if a court application is necessary then you should attempt mediation first and failure to do so could be viewed negatively by the court.

New rules have recently come into effect which require parties to explain to the court prior to the first hearing whether mediation has been attempted, why it failed and if it didn’t go ahead why that is.

You should attend a Mediation, Information and Assessment Meeting (MIAM).

This is a one-to-one meeting with the mediator who will explain the process and decide on whether mediation is appropriate. If it is not, then the mediator can provide you with a signed certificate confirming you attended the MIAM and that despite such, mediation is not deemed appropriate. This certificate would form part of your application to court.

If, however, after your MIAM the mediator is of the view that mediation could be appropriate, the mediator will attempt to contact your husband with a view to setting up a meditation session. If you were to refuse to engage, then the court would take a dim view of this.

It is important to understand that mediation does not need to take place with both you and your husband in the same room. If necessary, the mediator can go between you both in different rooms.

It is also important to understand that just because you are required to attempt mediation does not mean you are required to come to an agreement during such.

If mediation fails, the mediator will provide you with the certificate referred to above for the matter to be brought to court. If you do reach an agreement, then we would encourage you to seek independent legal advice on this.

Mediation can assist parties to reach an agreement a lot quicker, and at less expense, when compared to Court proceedings, and hence should always be considered with an open mind.

If the above situation sounds similar to yours or you have another family matter you would like advice on, please contact us on 0191 565 3112 or [email protected] for advice.