FAQ

Please click on the relevant title below to view the Frequently Asked Questions for that section.

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What happens at a MIAM?

The acronym MIAM stands for: Mediation Information and Assessment Meeting.

This meeting provides you and your former partner an opportunity to meet face to face with one of our professional mediators in order to provide us with a better understanding of you and your needs, as well as to help you gain a better understanding of the mediation process and how it can work for you.

While many mediation services will ask you and your former partner to attend a single MIAM together, we at New Landscape Mediation prefer to organise separate meetings in order for you both to have the private opportunity to discuss some of your specific needs & concerns and discover how mediation can help.

We may also speak with you both about some of the other methods available to you for resolving the issues that stem from your separation such as collaborative law or arbitration.

Once we have had the opportunity to speak with you both individually, and have a better sense of the needs of you and your family, we will then work to prepare a step-by-step process of mediation that will best assist you in reaching a custom, workable solution for your personal needs.

How long does a MIAM take and how do I organise one?

In the majority of cases, where MIAMs are attended individually  they last approximately 60 minutes. For couples who would rather attend together, the time is extended slightly to last up to 90 minutes.

Organising a MIAM is simple. Telephone the office on 01279 211 657 or get in touch using our contact page and one of our mediators will be happy to answer any immediate questions you may have before making final arrangements to set up a meeting for you. In most cases you will be offered a date to attend a MIAM within a few days of your call.

Ask about our evening and weekend service.

During the initial telephone conversation, you will be asked to provide some preliminary information about yourself such as your name, address, etc… as well as that of your former partner. Prior to your meeting, some general information about mediation and other helpful documents will be sent to you by post or email as is most convenient for you.

What do I need to bring to a MIAM?

It is a legal requirement for mediators to verify the identity of those who attend a MIAM even if an individual later chooses not to continue into mediation.

Therefore, it is important that you bring with you to your MIAM two forms of identification. At least one with a photograph (Driver’s license, passport etc…) and one with a current address (Utility bill, council tax bill etc…). It will not be possible to provide you with any documents following your MIAM or mediation in general unless these have been provided.

What happens after a MIAM?

Once you and your former partner have both attended a MIAM, your mediator will develop a specific plan designed around your needs as determined in the meeting. Your mediator will then contact you within 2 days of the meeting to discuss this plan and to arrange the first session together if that is appropriate.

If your mediation is in the area of Finance and Property, your mediator will provide you with a detailed list of the information needed during your MIAM. This will enable you and your former partner to collect the various document you will require before the 1st joint session  – which will then help you to control costs and timings.

What if we choose not to continue into mediation following a MIAM?

If either you or your former partner choose not to continue into mediation for any reason following your MIAM and an application to the Court in respect of the dispute is later made, you will need to provide evidence to the Court that you have at least considered mediation as a method for resolving your dispute.

Should the Court require you to present this evidence, we will prepare a document tor you to confirming your attendance at a Mediation Information and Assessment Meeting and can either send this to you or your solicitor as appropriate.

What exceptions are there to attending a MIAM?

There are a few exemptions to attending a MIAM. In the main these are regarding issues of safety to the participants of mediation or children.

If you feel that any of these safety exemptions might apply to you, more information can be found by clicking the relevant link below:

For Children Applications

Sections 13a through to 13e of the C100 form downloadable here:http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2253

For Financial Applications

Section 3a through to 3d of the Form A form downloadable here:

http://www.justice.gov.uk/downloads/forms/fjr/Form_A_web_0414_3.pdf

Where any of these exceptions do not apply, you will find that you are required by the court to have attended a MIAM at a minimun by way of demonstrating that you have at least attempted mediation. You will asked to produce a completed proof of attendance before being able to commence any proceedings.

What does a MIAM cost?

New Landscape Mediation offers a fixed charge for a MIAM of £100.00 + VAT when attended individually when attended during normal office hours at our offices at Endeavour House.

For MIAMs conducted at weekends or evenings, or for MIAMs that occur offsite (for example in our London offices), the fee for an individually attended meeting is £125.00 + VAT. For jointly attended sessions the fee is £205.00 + VAT.

This fee is payable on or before the day of the meeting and includes the production and signing of the relevant document required by the Court to evidence your attendance should one be required at a later date. Unfortunately, New Landscape Mediation does not offer publicly funded MIAMs or mediation. If you would like details of approved mediators who offer public funding these are available on the following websites:

www.familymediationhelpline.co.uk

www.direct.gov.uk

Where is your office located?

Endeavour House

Coopers End Road

Stansted Airport

Essex CM24 1SJ

Endeavour house benefits from ample free parking in a private setting. View the map on our contact page.

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How does Property and Finance Mediation work?

When considering financial and property issues the mediator will help you to;

  • Clarify the details of your property and finances. It is not at all unusual for a separating couple to not know all of the details of their own and each other’s property, income and expenditure. This financial clarification is achieved through a process known as Disclosure. Your mediator will discuss the Disclosure process with you in detail at your Mediation Information and Assessment Meeting (see MIAMs).

  • Prioritise the issues that are important to you

  • Identify areas of agreement and difference in your conception of a fair and equitable outcome. It may be that some things are clear cut and others may be more complex and need further investigation

  • Identify any further documents or information  that may be required and provide signposting assistance to obtain it

  • Explore and consider the various options to find a custom solution for your situation.

  • Formulate proposals acceptable to both of you. For instance, is the house to be sold now or at a future stage? How do you divide the proceeds?

What is the process of Disclosure?

Disclosure is the official name of a process that involves a separating couple cataloguing a full, and accurate picture of their finances and sharing this information between. The Disclosure process takes into consideration all assets that either of you have, be those that you may consider to be “joint”, or those which are in your names individually. Disclosure also includes anything of value that may be held in your name on behalf of another: such as children’s accounts or those held for elderly parents.

Importantly, the process of Disclosure in mediation is not an end in itself and simply listing an asset and defining its value does not determine how it is later considered. For example, you or your partner may each have assets that you personally feel should continue to belong to you and not be shared or considered “joint”. Simply identifying it during the process of Disclosure does not automatically mean that it has to be split in any particular way. Clarifying a family’s financial picture through the process of Disclosure (including any and all liabilities, future assets such as pensions etc…) simply allows you both to be absolutely certain that any decisions you make during mediation are made with you both fully informed of all the facts and figures.

Why do I need to do Disclosure?

The Disclosure process needs to be completed accurately, in order to ensure:

    • Clarify the details of your property and finances. It is not at all unusual for a separating couple to not know all of the details of their own and each other’s property, income and expenditure. This financial clarification is achieved through a process known as Disclosure. Your mediator will discuss the Disclosure process with you in detail at your Mediation Information and Assessment Meeting (see MIAMs).

    • Prioritise the issues that are important to you

    • Identify areas of agreement and difference in your conception of a fair and equitable outcome. It may be that some things are clear cut and others may be more complex and need further investigation

    • Identify any further documents or information  that may be required and provide signposting assistance to obtain it

    • Explore and consider the various options to find a custom solution for your situation. < >Formulate proposals acceptable to both of you. For instance, is the house to be sold now or at a future stage? How do you divide the proceeds?

What do I need to provide for Disclosure?

There are precise regulations regarding Disclosure that dictate the documentation required to complete the process properly. Your mediator will provide you with a detailed list of what you will need during your MIAM or if you prefer, you can download the Abridged Form E used to complete Disclosure in mediation from the resources section.

How long will it take?

Property and Finance Mediation usually takes between two and four sessions. A key factor in the length of time that Property and Finance Mediation takes, is the speed at which you and your former partner gather Disclosure documentation. There may be a short gap in between sessions to allow you both time to collect any missing Disclosure information and obtain supporting documents.

Your mediator will discuss with you the specifics of your situation to help you to clearly understand what is needed for Disclosure during your MIAM. New Landscape Mediation are able to offer sessions as close together as appropriate assuming you have collected the necessary Disclosure documentation.

What happens at the end of Property and Finance Mediation?

The outcome of Property and Finance Mediation is the production of 2 important documents:

1) A Memorandum of Understanding, or MOU. This is a comprehensive summary of the discussions and decisions regarding your property and finances reached through the mediation process. Importantly, the MOU is not a legally binding document in itself. The proposals reached in mediation, and summarised within the MOU, can be made into a binding agreement by your solicitor following mediation.

2) An Open Financial Statement, or OFS. This is a detailed portrayal of your assets and liabilities. The OFS is the outcome of the process of “Disclosure” (described above) and is an important aspect of any divorce or separation. Disclosure will be explained in more detail at your MIAM.

How do I start Property and Finance Mediation or find out more?

If you would like a confidential conversation to find out more about mediation or wish to arrange an Initial Information Meeting, please either telephone the office on 01279 211 657 or complete the online contact form to request a call back. If you are considering mediation but have not yet discussed this with your former partner, we can arrange to contact them on your behalf and discuss their willingness and availability to attend.

How much does Property and Finance mediation cost?

New Landscape Mediation operates a fixed fee structure.

For a full breakdown and description of our fees, please see the Fees section on our website.

Where is your office located?

Endeavour House

Coopers End Road

Stansted Airport

Essex CM24 1SJ

Endeavour house benefits from ample free parking in a private setting

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How does it work?
In Child Only Mediation the mediator will help you to find a successful way forward as separated parents, by:
Helping you recognise and remember that the breakdown of your relationship is due to differences between you and your former partner – NOT between you and your child/children.
Identifying issues you need to address regarding your children. Parents often have more points of agreement than disagreement though this can get lost in the high emotion elicited by separation and divorce.
Focusing on the interests of your child/children and helping you to recognise and meet their needs from you as parents even when you are no longer a couple.
Keeping your child/children’s best interest at the forefront of any plans you make and ensure that their wishes and feelings are taken into account.
Helping you to find ways to show the child/children that you are working together as parents and that you will do what is best for them – keeping your disagreements separate from your ongoing role as co-parents. Ensuring that decision made regarding your children are made by you, as parents and some outside authority.

What happens at the end of Child Only Mediation?

The outcome of Children Only Mediation is the production of a document known as a Statement of Outcome. This is a comprehensive summary of the discussions and decisions regarding your children and the future co-parenting plan reached through the mediation process. The Statement of Outcome is a confidential and legally privileged document.

What if we cannot agree on what the children want or what is best for them?

It is not uncommon for parents to have different opinions of what constitutes as “best for the children”. At times these differences of perception are so extreme that the resulting arguments can become almost impossible to resolve. These disputes are responsible for much of the longer term negative emotional impact on children of divorce.

Often in such situations, the only way of getting a true indication of your child’s needs is to provide a place within the mediation process for their voices to be genuinely heard. New Landscape Mediation can help you achieve this by way of a Direct Child Consultation which provides your children the opportunity to make their feelings and desires heard in a safe, confidential environment. Clarifying exactly what the wishes and feelings of your children actually are will help you and your former partner reduce the degree of parenting arguments significantly. In addition, research indicates that where children feel that their needs and wishes have been considered in any parenting plans you make, the emotional costs of your divorce to them can be reduced substantially.

Direct Child Consultations are only conducted by mediators qualified to do so. New Landscape Mediation mediators carry full indemnity insurance and undergo regular DBS (formally known as CRB) checks. For a full description of the Direct Child Consultation process, please see the section on Direct Child Consultancy or download the information sheet from the Downloads section.

How long will it take?

Child Only Mediation usually takes between one and three mediation sessions dependent upon the number and age of the children. Another important factor is the type and depth of disagreement between parents as to what is best for their children. Should a Direct Child Consultation need to be conducted, at least one further joint mediation meeting is usually required. Your mediator will discuss with you the specifics of your situation and your needs.

How much does Child Only mediation cost?

New Landscape Mediation operates a fixed fee structure.
For a full breakdown and description of our fees, please see the Fees section on our website.

Where is your office located?

Endeavour House
Coopers End Road
Stansted Airport
Essex CM24 1SJ

Endeavour house benefits from ample free parking in a private setting
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How long does Children and Finance Mediation take?
Children and Financemediation will take longer than a Child Only mediation or a mediation relating only to Property and Finance because of the greater range of issues that are being considered. Children and Finance mediation normally requires between three and six sessions. Where a Direct Child Consultation Consultation is appropriate at least one additional meeting with may be required.

What happens at the end of Children and Finance Mediation?

The outcome of Children and Finance Mediation is the production of 2 important documents:

1) A Memorandum of Understanding, or MOU. This is a comprehensive summary of the discussions and decisions regarding your property and finances and arrangements for children reached through the mediation process. Importantly, the MOU is not a legally binding document in itself. The proposals reached in mediation, and summarised within the MOU, can be made into a binding agreement by your solicitor following mediation.

2) An Open Financial Statement, or OFS. This is a detailed portrayal of your assets and liabilities. The OFS is the outcome of the process of “Disclosure” (described above) and is an important aspect of any divorce or separation. Disclosure will be explained in more detail at your MIAM.

How much does Children and Finance Mediation cost?
New Landscape Mediation operates a fixed fee structure.
For a full breakdown and description of our fees, please see the Fees section on our website.

Where is your office located?

Endeavour House
Coopers End Road
Stansted Airport
Essex CM24 1SJ

Endeavour house benefits from ample free parking in a private setting

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What is the DCC Process?

Direct Consultation with Children follows a distinct four stage process.
The qualified Direct Child Consultant will speak with the parents to secure written permission to invite the child/children to meet with the consultant/mediator. During this conversation we will agree the boundaries of confidentiality that will apply, explain the feedback process, and any other factors that might be relevant.

Meet with the parents to get a fuller understanding of the specific issues pertaining to your family and to agree an agenda for discussion with the child/children.

Meet with the child/children in a suitable location. In most cases this meeting will last between 60 and 90 minutes during which time the mediator will engage the children in a discussion about the issues surrounding their situation.

Each child will be given an opportunity to openly discuss their feelings and desires secure in the understanding that only those things the child specifically agrees to will be fed back to their parents. The child/children will also be given the opportunity to choose the best way of feeding their feelings back to their parents from a number of options.

Meet again with the parents to present the feedback from the meeting with the children. This meeting usually lasts an hour and will take place in a timely manner following as closely to the DCC as possible.

The above process must take place within a maximum period of three days when it forms part of a greater overall mediation process.

A standalone Direct Child Consultation process usually takes place within a two day period, and in most cases in conducted within a single day.

How can I arrange a DCC?

If you feel that a Direct Child Consultation might be of help in resolving ongoing disputes between you and your former partner over arrangements for your children, please feel free to telephone the office to go through some of the basics of your situation. We will also be happy to discuss with you how a DCC might best be adapted to work in your situation, practical issues such as time frames and any other relevant information you might need from us.

Can my solicitor be involved?

Yes, though it is usually inappropriate for solicitors to attend either the meeting with your children, or the feedback session itself.

To discuss how you may best utilise your solicitor’s assistance during a DCC process, please feel free to telephone the office and we can discuss how best to do this.

What does a DCC cost?

Direct Child Consultations are structured around the specific needs and circumstances of each particular family.

Please feel free to contact the offices for a no obligation discussion of your needs. Once we better understand your needs and some of the specifics of your situation, we will be able to give you a clearer indication of costs prior to any meetings being arranged.

Where is your office located?

Endeavour House
Coopers End Road
Stansted Airport
Essex CM24 1SJ
Endeavour house benefits from ample free parking in a private setting

New Landscape Mediation have access to a number of locations across the Home Counties where we are able to conduct Direct Child Consultations. Please telephone the offices on 01279 211657 for a discussion of your needs.

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Mediation Information and Assessment Meeting (MIAM).

  • Separately attended MIAM £100.00 + VAT per person

  • This fee includes the signing of the appropriate form required for court applications should one be required

Mediation Sessions and Document Charges

Session fees are per person and charged at a flat hourly rate.

Fee for all mediation: £100.00 + VAT per hour, per person**

New Landscape Mediation provides comprehensive documents to help clients both during and at the end of the mediation process for which there is a single document charge.

Document charges for Child Only Mediation: £180.00 per person

Document charges for Property and Finance Mediation: £180.00 per person

Document charges for All Issues Mediation: £220.00 per person

Mediation sessions usually last 2 hours and on average the number of sessions required will be:

  • For Child Only matters – Between 1 and 3 sessions

  • For Finance and Property matters – Between 2 and 4 sessions

  • For All Issues Mediation (both Children as well as Finance and Property) – Between 3 and 5 sessions

  • Document preparation fees are payable prior to preparation

     ** team mediation fees and London surcharge charged at £125.00 + VAT per person per hour.

Payment and Cancellation Terms

 In the event of cancellation, the following charges apply:

          Working Days’ Notice            More than 5           Between 2 and 5         Up to and including 1 day

……………………………………………………………………………………………………………………………………………………………………

          MIAM                                        No Charge            £25.00 per person               Full MIAM fee

………………………………………………………………………………………………………………………………………………………………………

          Mediation Session                  No Charge            £50.00 per person               Full session fee

All bookings are secured by providing credit or debit card details, cash or cheque in advance which will

 be retained until the date of the meeting when the fee becomes payable

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