Wealden Times | WT179 | January 2017 | Health & Beauty supplement inside

oom during the mediation meetings. Some mediators are
prepared to undertake ‘shuttle mediation’, when the parties
are in separate rooms and the mediator moves from room to
room. This process is not ideal as neither party hears what
the other person is saying, but it can still be effective.
How will the mediator make sure that
my ex doesn’t intimidate me?
The mediators are trained to prevent one party intimidating
the other party. It is often the case that one party is more
used to meetings like this than the other party. The mediator
will use their training to allow both parties to be able to put
forward their position and for there to be effective mediation.
What happens if we reach agreement?
If an agreement is reached a Memorandum of Understanding
can be drawn up to record the agreement and this is signed
by the parties and the mediator. This is only a record not
a binding agreement. The Memorandum will need to be
taken to a solicitor, who can then prepare the necessary
document to record the agreement. This can be easier with
financial claims, especially in divorce proceedings, than with
agreements in relation to the arrangements for children.
However, these may now be able to be recorded in a court
order as well. The mediation process has to be tried, and
be unsuccessful or inappropriate due to domestic violence/
abuse, before any court proceedings can be commenced in
The mediation process
has to be tried, and
be unsuccessful or
inappropriate due
to domestic violence/
abuse, before any
court proceedings
can be commenced
relation to children or finances, unless it is an emergency
situation when mediation generally can be by-passed. There
are other exemptions to mediation, but these have to be
assessed by the mediator at the MIAM appointment.
For mediation advice call Alan Green on 01233
648405 or email ADG@kingsfords.net
Alex Davies
Head of Family Law, Cripps.
What is family mediation?
Family mediation is a way for couples going through
divorce or separation to solve disputes without having
to resort to expensive court proceedings. The mediator
is a neutral third party trained to help the couple discuss
issues constructively. The mediator will not impose a
solution and remains neutral throughout the process.
What issues can I mediate about?
You can mediate about any issue that arises between you.
Most people mediate about financial issues or arrangements
for children. However, you could also mediate about
other issues, such as which spouse is going to start divorce
proceedings and on what legal basis, or how you are going
to co-operate to tell the children about your separation.
settlement or arrangements for a child, that partner
must first give mediation a try in a short meeting
with a mediator called a Mediation Information and
Assessment Meeting (MIAM). There are limited
exceptions to this rule, such as for those who have
suffered domestic violence. In the MIAM the mediator
will talk about the benefits of mediation and assess
whether your case is suitable. If it is decided not to
be appropriate to proceed with mediation then the
mediator will exempt you from any further mediation
session and you can commence court proceedings.
Can my partner be forced to go to mediation?
The only party that may have to try mediation is
the partner who wants to start court proceedings
about financial or children issues. The other partner
cannot be forced to go to mediation, unless they
decide to start court proceedings themselves.
Can I be forced to go to mediation?
In most cases, if either partner wants to start court
proceedings for the Judge to decide terms of a financial
Alex Davies can be contacted for advice on
01892 506326 and alex.davies@cripps.co.uk
The mediator is a neutral third party trained to
help the couple discuss issues constructively.
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