The great majority of individuals have no prior experience with family mediation until it becomes an urgent need in their lives. As a direct result of this, both the procedure and the language may provide challenges. This article from Trusted Mediators Derbyshire is useful since it provides an overview of the procedure that your mediation case will likely follow.

Step 1: Booking your meeting

The mediation process is very individualised, and for the vast majority of people, it is their first mediation encounter. As a direct result, we will only accept reservations through our website or over the phone.

If you phone us, we will walk you through the procedure step by step and give you the opportunity to ask any questions that may arise along the route. After the collection of your information, we will proceed to schedule the test. It is highly recommended that you get your ex-contact partner’s information at this point, however it is not required. At this time, we will be able to accept money for the scheduled evaluation discussion meeting.

Step 2: Your Assessment Meeting, also known as an MIAM.

This is a private session between you and your mediator, and everything said here will be treated with the strictest confidentiality. At this session, you and the mediator will discuss the specifics of your case and the desired results of the mediation process. You will also get a knowledge of the mediation process. This assessment-related meeting will last around thirty minutes.

If, at the conclusion of the meeting, BOTH you and your mediator believe that mediation may be able to assist you in resolving your concerns, we will then discuss the next step in the process.

At this appointment, we will also review your eligibility for legal aid, if we have reason to suspect you may be entitled for such assistance. If there is no reason to believe you may be eligible for such help, this examination will be skipped.

If it is determined that mediation would not be advantageous in your case, we will terminate the mediation process and present you with the required court documents so that you may continue your case in court. This decision may be made by either you or your mediator, depending on your preference.

Step 3: After completing this step, your former partner will be invited to attend their evaluation meeting.

The Family Resolution Trust may call your former spouse or partner to a meeting that’s going to be conducted in private and will be absolutely confidential. This meeting will also be done in the same manner as your assessment meeting.

The invitation will be sent to you in the form of two letters; however, we may also contact you by email and/or phone in addition to providing the invitation in the form of two letters. If neither you nor your former partner attend the assessment meeting, or if you fail to notify us, we will reach a decision on the case, and the appropriate documents will be sent to the individual who was initially scheduled to attend the meeting (yourself or your partner).

At this appointment, if you feel you may be eligible for legal aid, we will determine whether or not you are eligible and whether or not you may get such help.

At the conclusion of the meeting, if BOTH you and the mediator believe that mediation may be able to help you in resolving your issues, we will reach an agreement on the next phase of the process. If neither of you believes that mediation may be able to help you find a solution to your difficulties, we shall proceed to the next phase.

If you or the mediator determine that mediation will not be effective in your case, we will stop the process and give the parties with the required court paperwork to continue their case in court. If you or the mediator reach this decision, the procedure will be terminated.

Step 4The Beginning of the Mediation Process

The Family Mediation Trust will contact both parties after the end of the evaluations in order to schedule the mediation sessions and make the required preparations.

Each mediation session may take anywhere between one hour and one and a half hours. Depending on the circumstances, it is possible that the mediation process may be completed in a single session, but it is also possible that it will need many sessions. If it turns out that you need more than one session, the mediator will discuss what will occur in the interim between sessions. In the vast majority of circumstances, a set of notes will be provided to the two parties after the completion of each session.

In the overwhelming majority of cases, just the mediator, both parties, and the person mediating the dispute will be present throughout the mediation sessions. This is due to the fact that mediation is meant to be a private procedure. There may be instances when an observer, such as a barrister or a person for our own training, is present; however, this will always be disclosed before the session starts. There may be occasions when an observer is present, such as for the sake of our own training.

Step 5: Distribution of Closing Papers

The service will prepare and deliver the necessary papers in line with the decision obtained during mediation. The mediator will explain what they are and how they might be used to make the negotiation process more efficient.

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