A Guide to Understanding Family and Children Mediation

• Posted onJanuary 23, 2025

When a relationship breaks down there are often issues around finances and the any children from the relationship that need to be resolved.  These conversations can be emotional and difficult to have.  This is where mediation can help.

Resolving a financial issue at mediation

Step 1 MIAM – Mediation Information and Assessment Meeting.

This is a one-on-one meeting with the mediator.  The aim of the MIAM is:

1. to ensure mediation is appropriate in your situation
2. you understand the process
3. for you to explain your situation to the mediator and for them to gather information
4. for you to identify what is important to you and what you are seeking to achieve

Step 2 Financial disclosure and agreeing the disclosure.

After the MIAM you will then have joint meetings facilitated by the mediator.

Both you and your ex-partner will exchange financial information.  The mediator will take you through the financial disclosure and assist you in reaching a consensus on the financial information.

The mediator will then provide you both with an Open Financial Statement which is a schedule of assets and liabilities in your name, your ex-partners name and joint names.

Step 3 Working out the details

Once agreement on the financial disclosure has been reached (e.g. value of the house is agreed etc) and you understand each other’s financial position you are ready to discuss how you wish to divide up the assets.

You will both work with your mediator to arrive at a solution which is fair, reasonable and works for your family.

Step 4 Affordability check

Once a solution is reached it is important that you sense check the agreement.  You want to ensure that any agreement is fair but also that it will work in 2real life” beyond the mediation room.

Step 5  Finalising the agreement

Following the affordability check the agreement can be finalised and the mediator will draft the agreement into a Memorandum of Understanding (MOU).

This MOU can then be taken to a solicitor to draft into a financial order to be filed at court.

During the process you are free to seek independent legal advice at any stage and or instruct experts.  The extent to which this is needed will depend on the type of assets and complexity of the separation.

For a more detailed look at the mediation process please refer to WSP Solicitors – Click here for your complete guide to mediation 

Resolving an issue regarding the children at mediation

Step 1 MIAM – Children mediation and the Mediation Information and Assessment Meeting.

This is a one-on-one meeting with the mediator.  The aim of the MIAM is:

1. to ensure mediation is appropriate in your situation
2. you understand the process
3. for you to explain your situation to the mediator and for them to gather information
4. for you to identify what is important to you and what you are seeking to achieve

Step 2 Working through the details with mediation

Following the MIAM you will then have a further joint meeting or meetings which will be facilitated by the mediator.

These meetings will help identify:

• what is important to you and your family
• what issues are agreed and what issues need further discussion

You and your ex-partner can then with the help of the mediator work towards

reaching a solution that works best for your family.

Step 3 Making mediation agreements practical and sustainable

It is important that any solution is checked to make sure that it will work when put into practice.

Often when couples separate they both want to remain heavily involved in parenting of the children.  This can be achieved but for the agreement to work now and into the future it is important to consider the reality and logistics of the busy lives each leads.

Step 4 Finalising mediation agreements for your family

At the end of a successful mediation process you will have agreed on a way forward to care for your children. Your mediator will then draft this proposal into a parenting agreement/plan which both parents will sign up to and follow.

During the process you are free to seek independent legal advice at any stage and or instruct experts.  The extent to which this is needed will depend on the type of assets and complexity of the separation.

For a more detailed look at the mediation process please refer to WSP Solicitors – Click here for your complete guide to mediation 

If you’re ready to explore how the mediation process can help you, our team is here to support you. Email us at contact@wspsolicitors.com or use the enquiry form on the side of this page to get started. We’re here to help you find the right solution for your family.