Mediation is the best way of agreeing decisions about the future when a relationship ends. In today’s costly legal climate mediation is considered by far a much more amenable, flexible and efficient means of arriving at family resolution than going to court. Mediation puts you in control of what happens next!
Mediation is commonly used to resolve issues such as:
- Which parent the child/children will primarily live with.
- How parents will communicate and work together in future to ensure they each play a role in the children’s future.
- How property, pensions, other financial assets and debts are to be shared equitably and in the best interests of each party and the child/ren.
Mediators are trained to work with couples who are often engaged in some form of conflict around some of the aforementioned issues and challenges – so don’t expect to have to be on good terms with one another in order to take part. It is the mediator’s role to create a situation and atmosphere in which disputes can be safely aired and agreements reached.
One of the best aspects about mediators is that they help rebuild trust and facilitate communication so that agreements reached are likely to meet the needs of everyone concerned.
Your first meeting with a mediator is called a Mediation Information and Assessment Meeting (MIAM). It is now, other than in exceptional circumstances, a legal requirement to attend a MIAM before the courts will accept your application for an order.
- Explain the process as an option.
- Explain their role as an impartial professional.
- Take details regarding the party’s situation to identify what the issues are.
- Assess if their situation is suitable for mediation.
- Identify if there are any underlying issues the mediator needs to be aware of which may affect how any joint meetings are conducted if mediation was to proceed.
If mediation is not considered appropriate you will be issued with the ‘MIAM certificate’ to enable you to issue an application to Court if you wish.
The mediation process is structured to be as efficient as possible and minimise complications. Below we provide a chart as a brief visual description of the process:
Source: Ministry of Justice, 21 May 2014