The mediation process is designed to be supportive and flexible, allowing you and the other party to remain in control of the decisions that affect your family.

Step 1: Contact and Initial Assessment (MIAM)

Initial Contact: You can contact a family mediator directly (no solicitor referral is needed) to discuss your situation and whether mediation is suitable.

The MIAM (Mediation Information and Assessment Meeting): This is a required individual meeting with the mediator before you can make an application to the Family Court (unless an exemption applies). During the MIAM, the mediator will:

• • Explain the mediation process, its benefits, and how it works.

  • Assess whether your case is appropriate for mediation (e.g., checking for any history of domestic abuse or safeguarding concerns). This is crucial given the local context in some parts of Birkenhead.

  • Assess your eligibility for Legal Aid.

  • Answer any questions you have and, with your permission, contact the other party to invite them to their own MIAM.

Step 2: Joint Mediation Sessions

Agreement to Mediate: If both parties attend a MIAM and mediation is deemed suitable and voluntary, you will both sign an agreement setting out the ground rules for the sessions.

The Sessions: You will meet with the mediator (either together, via shuttle mediation where you are in separate rooms, or online) to discuss the issues.

• • Impartial Facilitation: The mediator is neutral and does not take sides or offer legal advice, but they guide the discussion constructively and ensure both parties are heard.

  • Information Exchange: For financial matters, you will be asked to provide full financial disclosure (e.g., bank statements, pay slips, pension documents) so that discussions are based on accurate information.

• Typical Issues Covered:

  • Children: Where the children live, when they spend time with each parent, holidays, and communication.

  • Finances: Division of assets, property (e.g., the family home), pensions, savings, debts, and maintenance payments.

  • Grandparents: Arrangements for grandparents to see grandchildren.

Step 3: Documenting the Agreement

• Reaching Proposals: Once you have reached a mutual agreement, the mediator will prepare the necessary documents:

  • Memorandum of Understanding (MOU): This document summarises the proposed agreement you have reached.

  • Open Financial Statement (OFS): This summarises the financial information disclosed (if applicable).

• Not Legally Binding (Yet): These documents are not legally binding on their own; they simply record your agreed proposals.

Step 4: Finalising the Agreement

Independent Legal Advice (ILA): Both parties are strongly advised to take the mediator’s documents to their own solicitor in Birkenhead or the wider Wirral for Independent Legal Advice (ILA). The solicitor will ensure the proposals are fair and legally sound.

Making it Legally Binding: If you are happy with the advice, your solicitor can use the MOU to draft a formal Consent Order for the court to approve. Once sealed by the court, this document makes your agreement legally binding and enforceable.