From the 22nd of this month there will be significant changes to how separating couples resolve disputes about property, finances and children.
The family courts are changing in terms of their organisation and the way that they deal with family disputes and people have been encouraged to consider other ways of resolving disputes than going to court. In a bid to bring to the public’s attention the value of using mediation as a preferred way of resolving their disputes, the government has changed the law so that with effect from the 22nd April 2014 those considering an application to the court will be required to attend a mediation information and assessment meeting before they initiate their application.
The purpose of the mediation information and assessment meeting (MIAM) is not to force people to mediate against their will; this is contrary to the principles of mediation. The aim is to give people knowledge about their options and to make them aware of what alternative means there are available to resolve their disputes.
Many couples finding themselves in a situation of having to deal with the consequences of their separation may never have even heard of mediation and assume that going to court is their only option. What the mediator aims to do in a MIAM is to explain, hopefully to both parties, the potential benefits of mediation, the different approaches available and their costs. It is only when a couple is armed with this information that they can make an informed choice about which route they should take. Unlike court proceedings which involve the parties taking sides and “fighting their corner” mediation offers an opportunity to have the views of both parties heard and considered and one of the most valuable advantages of mediation is that the decision making about the family’s future is taken by members of the family themselves, rather than being imposed by a Judge. Statistics demonstrate that two out of three couples who agree to enter into mediation resolve their issues without going to court.
This is not to say that mediation would be suitable in all cases but it is important that those considering their options as to how to deal with the breakdown of their family have full and comprehensive information about the advantages and disadvantages of the various options so that they can choose what is right for them and their family.
One other important function of the MIAM is to assess whether or not the parties are eligible for legal aid. Contrary to public opinion, legal aid is still available for mediation. Furthermore, legal aid is also available to enable the mediating couple to seek advice from their respective solicitors whilst they are going through the mediation process.
Hopefully, when attendance at a MIAM becomes mandatory later this month many couples will be encouraged and inspired to try the mediation option as a less acrimonious, quicker and cheaper way of resolving issues arising out of their separation which enables them to make the decisions about their future and to salvage whatever ongoing relationship they need to have with the other party.
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