Disputes Concerning Children and Mediation

Disputes Concerning Children and Mediation

What is Mediation?

Mediation is where families, caregivers or parents discuss, negotiate and attempt to agree the future arrangements for the child or other family matters with the help of a neutral third party.

The mediator does not enforce or impose arrangements on the parties but can assist the parties in reaching their own agreements in an amicable way.

Do I have to attend Mediation?

You will be required to attend Mediation before you are able to make an application to the Court for any matter concerning a child.

If Mediation is not successful, then you will be required to obtain a certificate from the Mediator confirming that mediation was unsuccessful and the Court will require a copy of this when you submit an application to the Court.

You will not be required to attend Mediation if you have been a victim of Domestic Abuse from the other party and you will not be required to obtain a certificate from the Mediator. 

What are the benefits of Mediation?

There are many advantages to Mediation, including, but not limited to the following:

• Improves communication between the parties;
• A quicker way of solving issues;
• Avoid stressful and lengthy Court process;
• Arrangements can be reviewed and amended, if parties agree;
• Better for the child if the parents/ caregivers are cooperating and agreeing matters; and
• Gives the parties more control about what happens rather than the Court imposing a decision.

What will happen at Mediation?

Mediation is usually most effective when it takes place at an early stage before the issues progress into larger problems.

Parties to the mediation will need to arrange mediation with a mediator. The mediator will be trained to work with people where the relationship between them have broken down and will attempt to find a solution that all parties are content with.

If the child is a suitable age and has sufficient understanding, the mediator may propose that the child is also included in the mediation, but this is not common and will only be if the parties agree.

Do I have to pay for Mediation?

Legal Aid may be available for Mediation, depending on your circumstances. If you are not eligible for Legal Aid, you should still attempt mediation, as you are required to undertake the same prior to making any Court application, furthermore this is likely to cost less than Court Proceedings.

Mediation Information & Assessment Meeting (MIAM)

A MIAM is the first step in mediation, it is a meeting with the mediator, which will assess whether mediation is right for you and will inform you about mediation and the procedure involved. You are able to attend the MIAM with or without the other parties involved.

After the MIAM, if mediation is agreed, you will then attend mediation sessions. The length, number and frequency of the sessions will depend upon your situation and the issues in the case.

What happens after Mediation?

If the parties can reach an agreement, the mediator will record the agreement in a document called a ‘Memorandum of Understanding’ so that the terms of the agreement are clear. This is not a legally binding document but the agreement can be made legally binding if both parties agree.

After the agreement has been made, if the situation changes and the arrangements are no longer working, you can go back to the mediator to attend further mediation and discuss the issues which have arisen.

If Mediation has not been successful, you will then be permitted to submit an application to the Court to determine your matter.

How can Duncan Lewis Solicitors help you?

Duncan Lewis Solicitors can advise you in relation to Mediation and Children Act proceedings. Duncan Lewis Solicitors have specialist solicitors who represent parents, family members and children within this area of law.  Our solicitors, trainees and caseworkers also speak a range of languages to assist clients where required with any language barriers.

Duncan Lewis is recommended by The Legal 500 legal directory for its specialism in all aspects of family and children law nationwide and cross-border. The Legal 500 applauds our family and child care solicitors to be a team of lawyers that are ‘friendly professionals who take their time to understand your case’. Duncan Lewis team includes Advanced Members of the Law Society’s Family Panel, and members of the Law Society Children.

How will the matter be funded?

Depending on the application, legal aid may be available and you can be assessed for this prior to the matter being taken on. Alternatively, a quote for a fixed fee or the hourly rates of a legal representative may also be provided. You will be advised of the funding arrangements prior to the proceedings commencing.

For expert legal advice on all family and childcare matters, contact Duncan Lewis Solicitors on 033 3772 0409.