ELBA Family Mediation
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Initial Mediation Information and Assessment Meeting (MIAM)
The process of professional mediation begins by you attending an initial assessment meeting with your mediator. These are also sometimes called Mediation Information and Assessment Meetings (MIAM).
Requirement to attend a MIAM before going to court
Since 22 April 2014, almost all divorcing and separating couples in England and Wales who intend to use the court process to resolve any disagreements about children or money must prove that they have made a referral for a MIAM first. You cannot issue an application at court without either (a) a record of a MIAM referral having been made or (b) claiming one of the specific exemptions that are available.
This means that, even if you are quite sure that mediation or one of the other alternatives to court is not for you, attending a MIAM will help you avoid unnecessary delays, whether you or the other party are applying to the court. More positively, the MIAM meeting gives you a chance to decide, with professional assistance, how to best conduct your separation or divorce in the interests of yourself and your family.
If, at the end of the meditation process (including any meeting with your former partner) either you or the mediator decides that mediation is no longer a good way forward, you can ask the mediator to sign your court application form.
It can be helpful, and sometimes necessary, for you to obtain advice from a solicitor during the mediation process.
This means that, even if you are quite sure that mediation or one of the other alternatives to court is not for you, attending a MIAM will help you avoid unnecessary delays, whether you or the other party are applying to the court. More positively, the MIAM meeting gives you a chance to decide, with professional assistance, how to best conduct your separation or divorce in the interests of yourself and your family.
If, at the end of the meditation process (including any meeting with your former partner) either you or the mediator decides that mediation is no longer a good way forward, you can ask the mediator to sign your court application form.
It can be helpful, and sometimes necessary, for you to obtain advice from a solicitor during the mediation process.
What to expect in your initial MIAM
- It is usual for the initial MIAM to be conducted on an entirely separate basis, meaning alone with each party. This will involve you and the mediator discussing your personal situation on a confidential basis without your former partner in the room.
- Your mediator will help you identify the issues for discussion. This initial meeting usually takes around one hour. You may be supported by an interpreter if you wish and we can help find you one.
- Your mediator will ask you questions related to your home life, how safe you feel and child protection issues. This will enable the mediator to decide whether mediation is suitable in your case.
- If the mediator decides that mediation would be a safe and effective option in your particular situation, it will be up to you and your ex-partner to choose whether to try mediation or not. Meditation is always voluntary.
- Your mediator will provide information about options available to you, and explain the advantages and disadvantages of each.
- Where appropriate, your mediator will assess eligibility for Legal Aid and advise on cost and time scales for mediation.
- If you decide that you don’t want to mediate then the mediator will sign your court application form to confirm that you attended a MIAM but that at this time mediation will not go ahead.
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Location and duration of the meeting
Our offices are in Exeter and London. Appointments via Zoom are also available. Please allow about 45 minutes to 1 hour for the initial Mediation Information and Assessment (MIAM) appointment. We ask that you arrive a minimum of ten minutes early. If the meeting is being conducted via Zoom, please ensure you that you are logged on and ready at least five minutes before the scheduled meeting time.
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Limitations of the mediation service
There are certain limitations to family mediation that you should understand. Please read these carefully – inappropriate use of the service will result in termination of sessions. By attending the initial intake meeting, you agree to the terms set out here:
Family mediation is not a counselling service
The purpose of family mediation is to explore and agree constructive solutions. If you need emotional support, we encourage you to seek the services of a counsellor or a psychologist. Your GP can help you with a referral. Any abusive language or behaviour directed toward anyone may result in the termination of your mediation.
Communication outside of sessions
Once formal mediation sessions have begun issues can only be discussed during joint sessions. Mediators cannot discuss these with either party separately. We also cannot breach confidentiality by sharing information with one party to another party. Communication with the mediator outside of joint sessions is strictly limited to practical arrangements only, such as scheduling appointments. If there is something that you wish to add, or forgot to mention in a session, the appropriate procedure is to make a note of it and raise it in the following joint mediation session.
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Confidentiality
Any information you give the mediator during your meetings will be kept confidential and will not be shared with your former partner or anyone else except for any specific matters that you agree with the mediator can be shared. There are however some important exceptions to the mediator’s duty of confidentiality, including:
- Where any person is at risk of serious harm, the mediator has a duty to contact the appropriate authorities.
- In common with all other relevant professionals, the mediator may be required to disclose to the appropriate authority information regarding the commission of any relevant criminal offence. The mediator may in this instance make the disclosure without informing you and may have to discontinue the meeting. The mediator may disclose personal data in connection with the alleged or established commission of an unlawful act.
- The mediator is a ‘processor’ of personal data for the purposes of the Data Protection Act 1998. You consent to the mediator processing your personal data for the purposes of mediation. You understand that this includes the mediator retaining and storing your personal data for as long as is necessary in connection with your Agreement. The mediator may retain data for research and statistical purposes but on the understanding that if used it has been stripped of all features from which you could personally be identified.
- Our quality assurance standards requires us to monitor our mediation files. Periodically, our practice supervisors may have sight of files, but access is strictly controlled and on a similar confidential basis.
- The file may be considered by any complaints handler in the event that you make a complaint about your initial meeting. That will not extend to any parts of the file concerning your former partner.
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© 2021 ELBA MEDIATION | Design by Bright Blue C Graphic Design Studio | IMAGE CREDITS