It’s now a requirement, in most circumstances, to attend mediation before issuing a court application for either a financial dispute or children matters.

Mediation can be an extremely useful tool in resolving disputes outside of the court arena and in keeping costs down.  Legal advice can be obtained alongside mediation.

How does mediation work?

You can either approach a family mediation service yourself or a solicitor can refer you. The mediation service will take your details and those of your spouse/partner and contact you both separately to ascertain your willingness to attend mediation.

You will both then be invited to a mediation information and assessment meeting (MIAM).  These are usually held separately.  The mediator will discuss the concept of mediation, assess whether mediation is suitable for your own situation and can also assess whether you are entitled to legal aid (which is still available for mediation).

If you initiated the referral to the mediator and your spouse/partner is not willing to attend a MIAM, you will still need to attend, as, despite their non co-operation, you cannot proceed with a court application until you have done so.  Conversely, for the same reason, if it is your spouse/partner who initiated the referral and you do not want to attend the MIAM, your spouse/partner will still have to go.

If you both attend a MIAM and the mediator feels mediation is suitable, a joint meeting will then be arranged.  Joint meetings can either be in the same room or in separate rooms if necessary (referred to as shuttle mediation).  There can be more than one joint session.

Exemptions to the need to attend mediation

There are exemptions to the need to attend mediation which your solicitor or mediator can explain.  They include urgency, domestic violence and when the whereabouts of your spouse/partner is unknown (not an exhaustive list).

Legal advice alongside mediation

The mediator can offer the option of providing a mediation summary for you so that it can be taken to your solicitor for advice alongside the mediation process.  This can be helpful as your solicitor can discuss all of your options based on the given information and point you in the right direction for your individual circumstances.

If you have attended mediation, or are about to, and would like legal assistance alongside the mediation process, please contact us now for a confidential discussion in which we can advise how we can assist you.

You can find out more about family dispute resolution options on our web site.

Bradie Pell, family law solicitor.