Family Mediation in Essex

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Family Mediation in Essex: A Step-by-Step Guide to the Process

Family mediation is a constructive, out-of-court process that helps separating or divorcing couples in Essex resolve disputes concerning children, property, and finances. It is a mandatory first step before applying to the Family Court in most non-urgent cases.

By choosing mediation, you remain in control of the decisions that affect your family's future, often resulting in quicker, less stressful, and more cost-effective outcomes than litigation.

Phase 1: The Starting Point – The MIAM

The entire mediation process in Essex begins with the Mediation Information and Assessment Meeting (MIAM). This is a crucial, confidential, and individual meeting.

1. Individual Appointment

You (and the other party, separately) will meet with a qualified Family Mediation Council Accredited Mediator (FMCA) in a private session.

The mediator listens to your unique circumstances and concerns.

The mediator explains the mediation process, other non-court dispute resolution options, and the likely cost and duration.

The mediator assesses if mediation is safe and suitable for your situation (e.g., screening for domestic abuse or imbalance of power).

3. Next Steps

If mediation is deemed suitable and you agree to proceed,  the mediator contacts the other party to invite them to their own MIAM.

If the other party refuses or mediation is deemed unsuitable, the mediator will issue the necessary MIAM Certificate (Form FM1, C100 or Form A), allowing you to proceed with a court application if necessary.

Phase 2: Joint Mediation Sessions

If both parties attend their MIAMs and agree that mediation is suitable, you move on to joint sessions.

1. Setting the Agenda

The mediator, acting as an impartial third party, helps   you and the other person agree on the core issues to be discussed (e.g.,  child arrangements, division of assets).

You take ownership by prioritising what matters most to your family.

The mediator manages the discussion, ensuring both parties are heard and focused on solutions rather than past conflicts. They will help you explore practical options.

You communicate directly, often improving future co-parenting or communication skills.

Financial Disclosure (for Finance Cases)

If dealing with finances, you will exchange financial information (e.g., bank statements, pension values) to ensure a fair and informed agreement can be reached.

Full transparency is established, mirroring the requirement of the court process.

Child-Inclusive Mediation (CIM)

In some cases, a specially trained mediator may meet with the children (with both parents' consent) to allow them to express their feelings, which can inform the parents' agreement.

The child's voice and welfare are placed at the heart of the decision-making process.

Formalising the Agreement

Once you have reached a mutual agreement, the mediator will record the outcome in formal documents.

Document Type

Memorandum of Understanding (MOU)

A detailed record of the financial and/or children  arrangements you have agreed upon. This is not legally binding.

Requires a solicitor to be turned into a legally binding Consent Order via the court.

Open Financial Statement (OFS)

A summary of the financial assets, liabilities, and incomes of both parties used to form the agreement.

Used by solicitors and the court to confirm that the financial agreement is fair.

Parenting Plan

A detailed, non-legally binding document outlining the practical arrangements for children, such as holiday contact, education, and communication.

A roadmap for future co-parenting, focusing on the child's  best interests.

Important Financial and Legal Considerations in Essex

1. Legal Aid

Amity Family mediation service in Essex is available under the Legal Aid scheme for those who are on a low income or in receipt of certain benefits.

• Eligibility Check: Your mediator can conduct a Legal Aid assessment during your initial MIAM.
• Cost Benefit: If one person qualifies for Legal Aid, the cost of their MIAM and the first joint mediation session will be covered for both parties.

2. Government Voucher Scheme

The Government often offers a Family Mediation Voucher Scheme (subject to funding availability). If eligible and your case involves issues regarding the welfare of a child, the scheme can provide up to £500 towards your mediation session fees (excluding the MIAM).  Your accredited mediator will manage the application for this voucher.

3. Where to Find Accredited Mediators

It is essential to use a mediator accredited by the Family Mediation Council (FMC). Amity Mediation has  mediators in Essex covering areas including:

• Chelmsford
• Colchester
• Southend-on-Sea
• Basildon
• Romford 
• (part of the wider Essex area) Billericay Birch Blackheath Braintree Brentwood Canvey Island Chigwell Epping Harlow Harwich Leigh-on-Sea Nazeing Purfleet Rayleigh Stanford-le-Hope Thurrock Park Tilbury Waltham Abbey Waltham Cross Westcliff-on-Sea West Mersea West Tilbury Wickford Wivenhoe Woodham Ferrers    

Amity Mediation Essex

 Essex is a large county in the East of England that stretches from the borders of London to the North Sea coast, known for its strategic location, historical market towns, and long, low-lying coastline. The county capital is the city of Chelmsford, a modern urban centre and the only city in the administrative county, serving as a major retail and commercial hub. Another significant centre is the historic town of Colchester, which holds the distinction of being Britain's oldest recorded town and a major military garrison. The county features numerous large commuter towns close to London, such as Basildon, Southend-on-Sea (a major coastal resort and unitary authority), and Harlow, alongside ancient ports like Harwich and traditional market centres such as Braintree and Brentwood. Essex is characterized by a significant divide between its heavily populated, affluent commuter belt in the south and west, and the more rural, agricultural areas further east. 

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