What is a MIAM & What is Mediation?
What is a MIAM? (Mediation information and assessment meeting)
This is the first meeting where you meet with a mediator on your own to find out about the process. The mediator will gather background information from you to assess whether mediation is suitable. A MIAM meeting takes approximately 1 hour and costs nothing if you qualify for legal aid or £150 including VAT if you are privately paying. Your ex-partner will not be present at your meeting or be contacted until after your meeting.
Zoom MIAM
We hold 90% of our assessment meetings and mediation through the platform of Zoom which is a free App you download to your mobile, we can give you full instructions of how to use this and the Zoom App is free of charge.
Face to Face MIAM
We can see you face to face at our office in Stafford which is easily accessible by train and car. If you would like a face to face appointment please be aware this may take slightly longer than a Zoom meeting.
Mediation – a Better Way Forward
Mediation offers most people a better way of resolving difficult disputes. Sitting down together virtually or in person either on screen or in separate spaces with an experienced mediator. Mediation is usually held over one, two but not usually more than three sessions. There is a high chance of resolving your issues much more quickly and with less harm to your future relationship as parents. Mediators can give you information about separation and divorce processes, and make suggestions to you as to what might be helpful. Mediators do not give independent legal advice.
Because Courts recognise that mediation is a more positive option, anyone thinking of applying to Court is now asked if they have first considered mediation and attended a MIAM outlined above.
Mediation itself always remains voluntary – either or both of you can end it at any time. Nothing in mediation is legally binding but what you agree can be made legally binding with the Court. You set the agenda. Everything said is confidential (apart from any concerns about risk to children or adults, and any evidence of fraud). Nobody can use what has been said in mediation in any Court proceedings unless both of you agree to waive confidentiality, so people can feel free to discuss options.
Mediation sessions
Normally we schedule one and a half hours for each session (costing £250 each inclusive of VAT) unless either of you qualifies for legal aid, if that is the case the legally aided client will receive all the sessions free of charge and the private will receive their first session free. If the matter relates to children and you have not tried mediation before then the private paying client will also receive their second and third session under the government mediation voucher scheme. We are transparent with regards to costs and will obtain funding for you if we can.
Shuttled Mediation (mediating in separate spaces)
Mediation doesn’t always have to take place in the same space we offer something called shuttled mediation which means clients start at separate times and sit separately (even virtually) throughout the mediation session and we ensure that clients if attended our office leave at separate times. Mediation works best if you can sit together but can be just as successful sat apart, how mediation takes place either together or separately is your choice and something the mediator will discuss with you at your assessment meeting. We will not force you at any point to sit with your ex-partner.
Meeting The Children
Thinking about arrangements for your children is often an important part of mediation. If both of you think it might help, your child or children can to be invited to talk confidentially with a specially trained mediator in a child consultation meeting. This is entirely voluntary on their behalf and, with your permission, the mediator will write to them personally to explain that. She and the children will agree upon what they would like to be fed back to you as parents. This gives the children ‘a voice’ in a situation where they may be feeling ‘invisible’, upset or confused – or where divided loyalties could become a problem.
Mediation – The End Product
If the discussions in mediation result in proposals acceptable to both sides, the mediator will write these up and the document should then be shared with a solicitor; the proposals may then, with the consent of both sides, be turned into the form of an order, which can be made binding. Public funding is available to pay for legal help and support alongside mediation.
What Does Mediation Cost?
What does it Cost?
Legal Aid
If you qualify for legal aid the whole process is free of charge. To qualify for legal aid, you need to be on a low income or on Universal Credit, ESA or JSA. If you are not sure if you will qualify then please call the office on 01785 747322 and we can assess you, even if you work, you can still qualify.
Private
If you do not qualify for legal aid the assessment will cost £150.00 inclusive of VAT.
Mediation Vouchers
We are registered under the new mediation voucher scheme which is available for anyone who is privately paying as long as the matter includes discussion about children. If your file is awarded a voucher, you will receive your first mediation session free of charge and potentially money off your second session if you are both privately paying or if one of you qualifies for legal aid the private payer will receive the 1st, 2nd 3rd session free and money off your fourth session.
Mediation Sessions
Your first session will be free of charge if you or your ex-partner qualify for legal aid. If you both don’t qualify for legal aid and your matter is solely to do with property and finances you will pay for each mediation session. A full session of 1.5hours is £250 inclusive of VAT per person per session. If you used less time in the session you are charged less. We do not usually go beyond 2 to 3 sessions on any matter.
Are There Any Hidden Costs?
We do not charge extra for simple letters or telephone calls. If a Summary of Proposals or Open Financial Summary is prepared we would charge each person an hour extra for the preparation of each of these documents. It is sometimes useful after a session to receive an ‘outcomes’ letter from the mediator, confirming what was discussed or outlining issues: if this is a lengthy letter we would charge each of you £30 but the mediator will ask before preparing this document.
We like clients to feel reassured that they will not receive a large bill at any point during the process and we ask that they pay at the end of each meeting as people usually find this helpful for budgeting purposes. If however you are unable to pay for the whole session on the day we can discuss a standing order scheme or a payment system that works for you and your budget.
What is a C100 form?
A C100 form is the form used to apply to the courts for a contact or residency order for children. Usually the courts expect mediation to be attempted first (although this is not necessary if there has been evidenced domestic violence) but mediation can be a good way to sort out any issues with contact. To get a C100 form you need to attend a MIAM as explained above.
What is a Form A?
The Form A is the document used to start a financial application to Court in divorce or civil partnership proceedings. If you have a dispute regarding property or finances that cannot be resolved in mediation then you will need to apply to the Court by using a Form A. This can only be provided after your have attended a MIAM.
Family Mediators Association
Family Mediation Council
Resolution