Mediation in Gloucestershire family mediation legal aid

---

Family mediation in Gloucestershire—covering areas like Gloucester, Cheltenham, Stroud, and Tewkesbury—is a voluntary, confidential, and structured process designed to help families resolve disputes arising from separation or divorce without resorting to court. Mediators in the county are accredited by the Family Mediation Council (FMC), ensuring adherence to high professional standards.

Core Principles of Family Mediation

The entire process, whether conducted face-to-face in a local office or online, is governed by four fundamental principles that ensure a fair and constructive environment.

1. Voluntary Participation: Mediation is an exercise in self-determination.  Both parties must be willing to attend and engage honestly. Either person, or the mediator, can choose to stop the process at any time if they feel it is no longer appropriate or safe.
2. Impartiality  and Neutrality: The mediator is a neutral third party who does not take sides, offer legal advice, or impose an outcome. Their role is to facilitate communication, manage conflict, and help the parties generate their own solutions.
3. Confidentiality: Discussions held during mediation sessions are confidential and cannot be referred to      in any future court proceedings. The main exceptions to this are:
   • Where there is an alleged risk of harm to a child or       vulnerable adult.
   • Where information relates to a crime, such as money laundering.
   • Financial disclosure documents, which are considered "open" and can be referred to in court if an agreement needs to be formalised.

1. Welfare of the Child is Paramount: In any discussion involving children, the mediator is legally required to ensure that the welfare and best interests of the children are the primary consideration for      the parents.

The Family Mediation Process in Gloucestershire

The mediation journey generally follows a clear four-stage structure, starting with an initial assessment meeting.

1. The Mediation Information and Assessment Meeting (MIAM)

This is the mandatory first step before making most applications to the Family Court. It is an individual, confidential meeting with a Family Mediation Council Accredited Mediator (FMCA).

• Information: The mediator explains the process, costs, other alternatives to court (like collaborative law), and any available financial assistance.
• Assessment: The mediator assesses the suitability of your case for mediation, especially checking for any concerns regarding domestic abuse or coercive control.
• Outcome: If suitable, the mediator contacts the other party to invite them to their own MIAM. If mediation is deemed unsuitable or the other party refuses to engage, the mediator will sign the MIAM Certificate (Form FM1), enabling the applicant to apply to the court.

2. Joint Mediation Sessions

If both parties agree to proceed, a series of joint meetings are scheduled. Sessions typically last 60-90 minutes.

• Agenda Setting: The mediator helps the parties agree on a structured agenda, covering all unresolved issues (e.g., child arrangements, division of property, finances, pensions).
• Issue Exploration: The mediator facilitates the discussion, ensuring a constructive environment, helping the parties explore their underlying needs and interests rather than just their "positions."
• Information Exchange: In financial cases, both parties complete financial disclosure forms (like a Statement of Information) to ensure they are negotiating based on full and frank disclosure.

3. Child-Inclusive Mediation (CIM)

A specialised practice offered by many Gloucestershire mediators, CIM involves a specially trained mediator meeting directly with the children (with the parents' joint consent) to understand their wishes and feelings. The mediator then feeds back the children's perspective (without attributing quotes) to the parents to inform their final decisions.

4. Documenting the Agreement

Once a resolution is reached, the mediator will draft the necessary documents to formally record the outcome:

• Memorandum of Understanding (MOU): This document details the specific terms of the agreement reached by the parties on all issues. It is not legally binding.
• Open Financial Statement (OFS): A summary of all financial assets and liabilities used in the financial negotiations.
• Parenting  Plan: A detailed, non-legally binding document outlining the day-to-day and long-term arrangements for the children.

To make an agreement legally binding, both parties must take the MOU and OFS to their respective solicitors to be converted into a Consent Order and approved by the court.

Cost and Financial Assistance

Gloucestershire mediation providers adhere to national funding schemes to ensure accessibility:

• Legal Aid: If you are on a low income or in receipt of certain      benefits, you may be eligible for Legal Aid, which can cover      the entire cost of your MIAM and all subsequent mediation sessions. If one      party is eligible for Legal Aid, the costs of the MIAM and the first joint session are usually covered for both parties.
• Government Voucher Scheme: Subject to available government funding,  the Family Mediation Voucher Scheme provides a non-repayable contribution (currently up to ) towards mediation fees for cases involving arrangements for children. Your FMCA-accredited mediator will apply for this on your behalf.

Areas we Cover

Almondsbury Bibury Bourton-on-the-Water Cheltenham Cirencester Cribbs Causeway Stow-on-the-Wold Stroud Tetbury Tewkesbury Gloucester, Stroud

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