Mediation Services Gloucestershire

Family Mediation in Gloucestershire: Principles and Practice

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. Amity Mediators in the county are accredited by the Family Mediation Council (FMC), ensuring adherence to high professional standards.

Core Principles of Family Mediation

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.

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.

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.

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 :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).

Outcome: If suitable, the mediator contacts the other party to invite them to their own MIAM. If the mediator deems mediation unsuitable or a party refuses to engage, they sign the MIAM certificate. This enables you to apply to the court using Form C100, Form A, or FM1.

2. Joint Mediation Sessions

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

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 Amity 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 you reach a resolution, the mediator will draft the 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, take the MOU and OFS to your solicitors. They will draft a Consent Order. The court then must approve it.

Cost and Financial Assistance

Amity Mediators in Gloucestershire 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 Amity FMCA-accredited mediator will apply for this on your behalf.