Our clear path to resolution
Discover how BetterWay Mediation guides you through each step of the family mediation process. We're here to help you find constructive and collaborative solutions for your family's future.
The mediation process explained
Mediation involves a structured process designed to help resolve disputes amicably. A structured, supportive process designed to reach fair and sustainable agreements that benefit all parties, amicably and efficiently.
1. Initial contact
The process begins when you contact us. Our mediators will provide initial information about the process, its benefits, and what to expect. If you require additional support during the process, your mediator can provide information on how we can arrange this, including interpreters and signers.
2. Mediation information and assessment meeting (MIAM)
The MIAM is a preliminary meeting to assess whether mediation is suitable for you. Each party attends a MIAM separately. During this meeting, your mediator will explain the process and assess the nature of the dispute. In some cases, mediation may not be suitable and your mediator will advise on alternative options.
3. Agreement to mediate
If everyone agrees that mediation is suitable, you will both sign an 'Agreement to Mediate'. This document outlines the confidentiality, voluntary nature, and ground rules for the mediation sessions, ensuring a fair and respectful environment for discussions.
4. Mediation sessions
Your mediator will schedule a series of sessions, typically lasting 1.5-2 hours each. These sessions can be in-person or held virtually. We have found that virtual sessions can be less stressful and encourage more open communication. Shuttle mediation sessions, where neither person sees or hears the other, can also be arranged.
You will meet with your mediator to outline the issues that need to be resolved. In subsequent sessions, your mediator will facilitate discussions on key issues such as division of assets and property, child and co-parenting plan, or financial arrangements, including child maintenance and spousal support reviews.
Each mediation is unique, and our mediators are experienced across all forms of mediation. They will remain neutral, helping everyone communicate effectively and work towards mutually acceptable solutions.
5. Drafting the agreement
Once agreements are reached, your mediator will draft a Memorandum of Understanding (MOU). This document outlines the terms of your agreement. If financial matters are involved, an Open Financial Statement is prepared, summarising the financial agreements.
6. Legal Advice and finalisation
Both parties can seek independent legal advice to review the MOU and any financial agreements. The agreement can be converted into a legally binding Consent Order. A solicitor can help draft this order, which is then submitted to the court for approval. Once the court approves the consent order, it becomes legally binding and enforceable.
Benefits of choosing family mediation
Mediation is a voluntary process designed to help families resolve disputes and reach agreements in a constructive and collaborative manner. It is a practical alternative to going to court, offering a more amicable and often quicker resolution to conflicts. Mediation can address a number of issues including divorce, co-parenting arrangements and support payments, financial arrangements and divorce settlement negotiations.
Voluntary participation
Everyone involved agrees to participate in mediation willingly. It is not imposed by a court but chosen by the individuals involved as a means to settle differences.
Neutral mediator
Our trained and neutral mediators facilitate the discussions. The mediator does not take sides or make decisions but helps to guide the conversations and ensure that everyone is heard.
Confidential process
Discussions and agreements made during mediation are confidential. This privacy encourages open communication and can lead to more honest and productive discussions.
Child-focused
In cases involving children, family mediation prioritises the well-being and interests of the children. Our mediators help parents focus on creating arrangements that support the children's needs and stability.
Cost-effective
Compared to going to court, mediation is generally less expensive and faster. It can save both time and money, reducing the emotional and financial strain on everyone.