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), 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

Family mediation services in Essex are 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.
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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). Accredited mediators in Essex cover 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    

You can find a list of local, qualified FMCA-accredited mediators via the Family Mediation Council website.

Or to find out more about the mediation services we can offer, click below.