What are the benefits of mediation?

Compulsory Mediation Information Assessment Meetings (MIAMs) were introduced to encourage more divorces and separations to be settled out of Court through mediation.

When successful they can reduce time, cost and stress to both parties.

MIAMs have been compulsory in England and Wales for all divorcing and separating couples since coming into force in April, 2014.  

The MIAM itself is the first meeting between the two of you and the mediator, although you can attend the MIAM on your own if you prefer. This meeting allows for the mediator to explain the process of mediation and assess whether it would suit your needs.

Mediation can be very beneficial if both parties are willing to attend. If you are at the point of mediation, it means your relationship has ended and neither of you wish to reconcile.

It’s important to realise that mediation is not a form of marriage counselling and it may not be suitable or appropriate in cases of domestic abuse or where one person feels vulnerable or unable to speak up in front of their former partner.

Your mediator is impartial and won’t take sides or give legal advice.

They can however give you legal information and so shouldn’t allow you to reach an agreement that is unfair to either party.

The main benefits of mediation are:

  • Your mediator can help you to discuss your situation calmly and rationally, so that you can resolve sensitive issues relating to children, division of property, assets, trusts and pensions.
  • Mediation is often a cheaper than going to court.
  • It can bring your divorce or separation to conclusion quickly and efficiently.
  • Successful outcomes in mediation and agreements reached, tend to stick better than if it is a decision imposed upon both parties by a judge in court.

If you are unable to resolve issues in mediation, then your case may have to be referred to a judge and the outstanding decisions will be decided in court.

As such the decisions are made for you rather than by you and you will have to live with those decisions whether you like them or not.

If you would like to discuss your particular circumstances with one of our specialist family lawyers, we are an experienced and committed team. We understand that this is a difficult time for our clients and we can guide you through each step of the way.

We offer a free 30-minute initial consultation, where you can have an informal chat with one of our expert family lawyers about your problem, your rights and your options. Contact Us.