Becket Family Mediation – the process – a brief overview of the steps

Divorce & Matrimonial Finance

08 April 2019

  1. First, make contact with the mediation clerks, who will provide you with some information and send you a referral form to complete.
  2. Complete your referral form and return it to the mediation clerks, who will then set up an initial session for you to attend with the mediator (on your own).
  3. Attend an intake/MIAM session which will enable you to decide whether you would like to use the mediation process or whether you would prefer the mediator to sign the form that certifies your attendance at a MIAM. This is required (unless exemptions apply) before you can make an application to Court.
  4. If you want to use mediation, the mediator will write to the other person to see if they would also like to mediate. If you have opted to use the Court process, the mediator will let the other person know that, and invite them to attend their own MIAM if they wish.
  5. If the other person indicates that they are interested in mediation, the mediator will see them for their own intake/MIAM session.
  6. Once you have both completed separate intake sessions you will be asked if you would like to set up a joint session. If you are mediating about finances you will be asked to complete financial information booklets and provide copies to each other and to the mediator. Or, if your Form Es (the financial disclosure forms used by the Court) have already been prepared, you may choose to provide those.
  7. Joint session(s) can then be set up at to a schedule agreed by you both. After each session the mediator will provide a short note of the main points raised in the session to allow you both to seek legal advice if you choose.
  8. If you formulate proposals that are acceptable to you both during your joint sessions, the mediator will draw up a Memorandum of Understanding setting them out. If you are mediating about finances they will also draw up a Financial Summary document that sets out the figures upon which your proposals have been reached. You will then each take some legal advice before the proposals are drawn up into a Consent Order and lodged with the Court (if you feel that a Court Order is necessary).

If you have any questions please contact our mediation clerks on 01227 786331 or see our website at becketmediation.co.uk

 

 

For help, advice or if you wish to instruct a member of Chambers, please contact our Clerking team