Frequently Asked Questions

In many family court cases, you are expected to attend a MIAM before making an application to the Family Court, unless an exemption applies.

You may have been advised to attend a MIAM by a solicitor, the court or another professional.

No. Your MIAM is an individual and private appointment between you and the mediator.

If the other person also attends a MIAM, they will have their own separate appointment.

No. Attending a MIAM does not mean that you have to proceed with mediation.

The purpose of the meeting is to give you information, discuss your circumstances and consider whether mediation may be suitable for you.

After your MIAM, you can decide whether you would like to explore mediation further. If you do not wish to proceed, or mediation is not suitable, the mediator may be able to complete the relevant mediator section of your court form, where the requirements for doing so are met.

Your mediator will explain your options and what happens next at the end of your MIAM.

Please tell your mediator about any concerns you have.

Safety and suitability are considered carefully as part of your MIAM. You will not be expected to have direct contact with the other person simply because you have attended a MIAM.

Where mediation may be appropriate, different ways of taking part can be considered, including shuttle mediation, where participants remain separat

IMediation is not suitable in every case.

If the mediator considers that mediation is not suitable in your circumstances, they will explain this to you and discuss what happens next.

Where appropriate, the mediator may also be able to complete the relevant mediator section of a court form.

Where the relevant requirements are met, your mediator may be able to complete the mediator section of the appropriate court form following your MIAM.

Your mediator will explain whether this applies in your circumstances and let you know if anything further is required.

Your MIAM is a private meeting and information discussed is generally treated as confidential.

There are limited exceptions to confidentiality, including circumstances involving safeguarding or where disclosure is required by law. Your mediator will explain confidentiality and its limits during your appointment.

IteMediation is voluntary, so both participants need to be willing to take part for mediation to proceed.

If the other person does not wish to participate, or does not engage with the mediation process, mediation cannot proceed.

Your mediator can explain what this means for you and, where appropriate, discuss the next steps and any relevant court documentation.

No. Mediation is voluntary.

Everyone taking part must be willing to participate, and you are not required to reach an agreement.

The mediator will help you explore the issues and possible ways forward, but the decisions remain yours.

Mediation is generally a private and confidential process.

What is discussed during mediation cannot usually be referred to outside the mediation process or used in court. There are, however, limited exceptions to confidentiality, which your mediator will explain to you.

Some information, particularly financial information provided during financial mediation, is open information and may be shared with your legal adviser or the court where appropriate.

No. Your mediator is impartial and does not take sides or make decisions for you.

The mediator's role is to help you identify the issues that need to be discussed, support constructive communication and help you explore possible options.

You remain responsible for the decisions you make.

Not necessarily.

ERS Mediation offers mediation online via Zoom. Sessions may take place with both participants together or, where appropriate, by shuttle mediation.

In shuttle mediation, you remain in separate virtual rooms and the mediator moves between you, so you do not have to meet together on screen.

The most appropriate way of conducting mediation can be discussed with you.

Every family and every mediation is different, so there is no set number of sessions.

The number of meetings will depend on the issues you need to discuss, their complexity and the progress made during mediation.

Your mediator will review this with you as the mediation progresses.

Proposals reached during mediation are not usually legally binding in themselves.

Where appropriate, your mediator can prepare documents recording the financial information disclosed and the proposals reached.

You may then wish to obtain independent legal advice about making those proposals legally binding, for example through a Consent Order.

There is no requirement to reach an agreement in mediation.

Sometimes agreement may be reached on some issues but not others, or you may decide that mediation is no longer helping you move forward.

Your mediator will discuss the position with you and explain what happens next. You can then consider your other options, including obtaining independent legal advice where appropriate.

Yes. Mediation remains voluntary throughout the process.

You can decide that you no longer wish to continue. The mediator may also bring mediation to an end if they consider that it is no longer safe, suitable or productive to continue.

Where mediation ends, your mediator will explain any appropriate next steps.

You do not need a solicitor in order to take part in mediation. However, there may be times when your mediator recommends that you obtain independent legal advice, particularly when considering financial proposals or before taking steps to make proposals legally binding.

Your mediator can provide legal information where appropriate but cannot provide legal advice to either participant.

This will depend on what you are coming to mediation to discuss.

Your mediator will let you know in advance if there is any information or documentation you need to provide or anything you should consider before your session.

For online mediation, please make sure you have a private space, suitable device and reliable internet connection so that you can participate without being overheard or interrupted.

It may still be possible to mediate after court proceedings have started, provided mediation is considered suitable and everyone involved is willing to participate.

It is important to remain aware of any court dates, directions or deadlines, as mediation does not automatically change or pause court proceedings.

Where appropriate, you should continue to obtain independent legal advice about your court case while mediation takes place.

Please let ERS Mediation know if you have an accessibility, communication or other requirement that may affect your ability to participate.

Your needs can be discussed with you so that appropriate and reasonable arrangements can be considered.

Yes. If you're unsure whether mediation is right for you or would like to ask a question before completing a referral, ERS Mediation offers a free 10-minute introductory telephone call.

This is an opportunity to ask general questions about the mediation process and whether ERS Mediation may be able to help.

The call is not a MIAM or mediation assessment, and individual legal advice cannot be provided.