Family Mediation Week takes place between the 27^th– 31^st January with the aim of raising the awareness of family mediation and the benefits it can bring to separating couples. Venters Mediation, based in Reigate, assist local families to make decisions about their future without the need to go to Court.

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Elsbeth Wells, Head of Mediation at Venters Mediation highlights some commonly asked questions ahead of the 2025 Family Mediation Week

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1. Is Mediation compulsory?

One of the core principles of mediation is that it is a voluntary process, however, should you wish to take a financial or children law dispute to Court then you will need to demonstrate that you have considered the options of Non Court Dispute Resolution (NCDR) via a MIAM (Mediation Information and Assessment Meeting). MIAM providers must now provide information on the principles, processes and potential benefits of all forms of dispute resolution (not only mediation) and assist attendees in their own assessment of which form may be the most suitable and how to proceed.

Since the changes to the Family Procedure Rules in April 2024 couples are encouraged to use NCDR wherever possible to help reduce the strain on the family court system. Should a case now go to Court, the judge can now encourage parties to use the gaps in between hearings to explore NCDR or they can now adjourn proceedings to insist that parties participate in NCDR.

Something to be aware of is that if one of the parties refuses to participate in the MIAM or NCDR in financial remedy cases, a judge can penalise them with an order for costs.

So, whilst mediation is not compulsory the move is very much to encourage NCDR to help navigate couples away from lengthy and drawn-out court disputes.

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2. Is mediation suitable for all clients?

No.  Mediation is a voluntary process that requires the full engagement of both parties. Where one of the parties is not willing to engage in the process, then the mediation will not work.

Mediation is sometimes not suitable for cases where there is evidence of domestic abuse, coercive control or child abuse. It may also not be suitable in relationships where there is an imbalance of power meaning that one party feels that they are unable to negotiate equally.

The mediator in these circumstances may suggest a shuttle mediation, to help resolve or narrow the issues in a timelier manner. Shuttle mediation is where the two parties in dispute are placed in different rooms and the mediator ‘shuttles’ between them. Shuttle mediations are particularly useful in high conflict situations, where direct communication between parties puts one at risk, or is highly unlikely to resolve the issues.

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3. How is mediation funded?

There are multiple ways to fund mediation; here are three of them:

Private Funding

Individuals can choose to fund mediation privately by paying the mediator’s fees themselves. This is often the case in private family mediation or civil mediation, where both parties involved contribute to the costs.

Legal Aid

In certain cases, individuals may be eligible for legal aid to cover the costs of mediation. Legal aid for mediation is means-tested, and eligibility criteria are considered. It is more commonly available for family mediation cases, especially those involving issues like child arrangements or financial matters.

If you or the other parent/person are eligible for legal aid you both will qualify for a free MIAM. Venters Mediation can do this for you as they carry out legal aid work.

Family Mediation Voucher Scheme

The family mediation voucher scheme is a time-limited scheme, designed to support parties who may be able to resolve their family law disputes outside of court. To support this, a financial contribution of up to £500 towards the costs of mediation will be provided, if eligible. Your eligibility will be discussed with you during your initial MIAM meeting.

Not all cases are eligible under the scheme. The case types specified below are eligible for a mediation voucher:

• a dispute/application regarding a child
• a dispute/application regarding family financial matters where you are also involved in a dispute/application relating to a child

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4. What is child inclusive mediation and how does it help?

Child inclusive mediation involves a specialised family mediator meeting privately with a child during the mediation process to ensure their perspective is considered. This can be really important for older children who may have opinions of their own that need to be heard. These mediators undergo specific training to create an environment where the child feels at ease expressing their feelings, concerns, or aspirations. It is crucial for parents to be aware beforehand that they should refrain from attempting to sway the outcome of the child-inclusive session.

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5. Can mediation help with specific issues of family disputes?

Yes. Mediation can be used to help resolve specific issues within a family dispute, most frequently used for specific issues such as attendance at a particular school, undergoing a medical procedure or anything that requires a decision to made by a person with parental responsibility. Once the issue has been negotiated and agreed in the presence of the mediator, it can be turned into a legally binding specific issues order if the parties wish.

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Venters Mediation are experienced in all of the elements mentioned above, so for help and assistance with any of these issues please contact the Venters Mediation team in Reigate on 01737 229 610.