Family mediation is a voluntary process where a neutral trained mediator assists families in resolving disputes. It focuses on open communication, confidentiality, and finding mutually beneficial solutions. This approach is particularly effective in supporting families to develop sustainable practical outcomes, especially when children are involved.

In England, the Family Mediation Information and Assessment Meeting (MIAM) is a mandatory step before applying to court for certain family matters. In the MIAM, the mediator sees both parties separately and assesses whether mediation is suitable. Legal aid is available to cover the costs of mediation for those who qualify, and this is assessed by the mediator at the MIAM and throughout mediation, if you advise your financial circumstances change. Most cases reach agreements in 2-4 mediation sessions and this varies depending on the number of issues to be resolved, how you wish to progress and complexity.

Our structured mediation process ensures that all parties have the opportunity to voice their concerns and work towards a resolution. Here’s how it works:

Once an agreement is reached, we help draft a Memorandum of Understanding and, if applicable, a Parenting Plan. These documents can be made legally binding through a consent order, providing a clear path forward for both parties.

In some cases, there is good agreement between couples on how financial issues will be addressed. However, sometimes views may be very different. In those cases, it can be helpful to get an early indication of what would happen following full financial disclosure if you were in the family court.

In court, this assessment would be considered in a Financial Dispute Resolution hearing called an FDR. At an FDR, a family court judge gives an indication of the likely outcome of the case to try to help the couple negotiate an agreement. An Early Neutral Evaluation is similar except the evaluator is not a judge in court but a senior legal professional appointed by both of you to conduct the evaluation and provide written guidance.

Our company, Kippax Mediation, provides a service where an independent, experienced family law barrister gives you a confidential, privileged, written assessment of the likely position that may be taken on the division of financial assets, if your case were in the family court.

The advantage of an Early Neutral Evaluation of Financial Issues is that the document can inform the mediation process, so that couples have confidence that they are working towards a resolution that would align with the family court process. It can help remove barriers towards resolution and provide a firm basis to move forward. The resolution you agree will still be your own but you will not have had the stress and significant costs of what can be a long court process to receive the indication.

Your mediator can describe the details of this option to see whether it could be helpful to you both. Fee for this service is £495 pp plus VAT.