The Mediation Process
The Family Mediation Process
Below is the family mediation process from the initial referral stage through to an agreement being reached in family mediation.
1. Referral
A referral is made to Kent Family Mediation Services by one of the parties. A referral for family mediation can be made by either:
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- The person who wants to attend family mediation (Refer Yourself)
- A Family Solicitor (Solicitor Referral)
- A Family Support Worker, a Social Worker, or another service e.g. Relate or the Citizens Advice Bureau. (Other Agency Referral)
2. Kent Family Mediation Service will contact you to activate your referral:
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- Your MIAM (mediation information and assessment meeting) can be arranged once payment has been received.
- If clients are assessed as being eligible to claim for Legal Aid, then they will be entitled to receive free mediation and your fee for the MIAM will be refunded.
Please see our Private fees and Legally Aided Mediation page for more information on our fees and help available.
3. The other party will be contacted:
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- Once the initial referral has been activated the other client will be contacted to inform them of the request for mediation.
- They will also have the right to attend a MIAM (mediation information and assessment meeting), and you will be notified as to whether they agree to attend or not.
4. MIAM (Mediation Information and Assessment Meeting)
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- Family mediation clients are individually screened for domestic violence.
- The case is assessed for suitability for family mediation.
- If clients wish to proceed to mediation, both clients will be required to sign an Agreement to Mediate before mediation can commence.
- A first mediation meeting can then be arranged.
If legal aid is required:
Our mediators assess each client based on them providing up to date proof of income (and that of any new partner they may be living with). Eligibility will be discussed during your MIAM (mediation information and assessment meeting).
If one client is found to be eligible, then both clients will be entitled to receive their MIAM free of charge. The first mediation meeting will also be free to the private paying client.
5. Joint Family Mediation Meeting (up to 2 hours)
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- Discussions take place between the Family Mediator and both family mediation clients.
- It may be necessary to provide information in a financial case or for both clients to trial an agreed, temporary pattern of child contact.
- Future financial needs are considered.
- Goals are established.
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- Consideration is given to different options which may enable the resolution of the dispute.
- Mediation meetings continue until a proposal has been reached that is acceptable to both clients.
- The number of meetings may vary depending on the complexity of the mediation case.
6. Agreements made in family mediation: agreements reached in family mediation
Property & Finance
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- A Memorandum of Understanding will be drawn up by the mediator using the agreements made within your mediation meetings.
- If clients wish to, they can consider providing their Memorandum of understanding to their Solicitor, so that they can seek independent legal advice, who may be able to apply for a Consent Order and have this endorsed by the Family Court, which will make it legally binding.
This may be free for those who were eligible for Legal Aid for mediation depending on you chosen solicitor.
Child Only
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- A Statement of Outcome will be provided, which will reflect the agreements that have been agreed by both parents and may involve both long term and short term parenting plans.
Many mediation clients have successfully resolved their separation, divorce, or family legal dispute using Kent Family Mediation Service.
To refer to our service please use the online referral, or to make an enquiry please contact us using our online form, or telephone our office between 9.30am and 4.30pm Monday to Friday on 01795 410457.
Family Mediation Services
Family Mediation is the courts preferred way of resolving an argument, or issues that occur after a separation, or the breakdown of a relationship;including sorting out child contact, the custody of a child, child support maintenance and disputes...