"Discourage litigation. Persuade your neighbours to compromise whenever you can... Point out to them how the nominal winner is often the real loser... In fees, expenses and waste of time."

~ Abraham Lincoln 1850

 

Mediation as a Realistic Alternative to Litigation

Before you go to court - Mediation Information and Assessment Meetings

Before you start court proceedings over money, property or possessions or arrangements for children, you must usually have attended a Mediation Information and Assessment Meeting. MediationChichester can provide a MIAMS mediator.

 

How Mediation Information and Assessment Meetings work

At a Mediation Information and Assessment Meeting, the mediator will help you to identify the issues, explain the principles and process of mediation and how it may help you; and work out if mediation is likely to help you reach an agreement. We can also give you advice that may be able to help you. During the meeting, you'll be able to find out more about mediation and ask any questions you may have. You can attend the meeting alone or with your husband, wife or civil partner.

If you want to meet the mediator alone

If you want to meet the mediator alone, the mediator will ask you for your husband, wife or civil partner's contact details before the meeting. The mediator will contact them to find out if they are willing to try mediation.

After the Mediation Information and Assessment Meeting

After the meeting, if you, the other party and the mediator feel that mediation can help you reach an agreement, you can start mediation sessions. If you are not going to start mediation sessions, the mediator will fill in a form FM1 or C100 and give it to you or your solicitor. You should include this form with your application papers if you decide to go to court.

When you won't be expected to have a Mediation Information and Assessment Meeting

The court won't expect you to have attended a Mediation Information and Assessment Meeting if:

  • the mediator shows on form FM1 or C100 that mediation isn't suitable because one of you didn't want to attend a Mediation and Assessment Meeting
  • a mediator doesn't think the case is suitable for mediation and has said so within the past four months
  • either of you has made an allegation of domestic violence against the other within the past 12 months and police investigations or civil proceedings were started
  • your dispute is about money and either of you is bankrupt
  • you don't know where your husband, wife or civil partner is
  • you want to apply for a court order but for specific reasons don't intend to give your husband, wife or civil partner any notice
  • the court application is urgent because someone's life or physical safety is at risk or a child is at risk of significant harm
  • the order is about a child who is already involved with social services because of concerns over their protection
  • you've contacted three mediators within 15 miles of your home and are unable to get an appointment with any of them within 15 working days