Family mediation is a useful option for families who are going through a divorce or separation and need to consider any arrangements in relation to the children and finances. Mediation is voluntary and both parties must agree to engage with the process. An independent trained professional assists parties by helping them tackle any disagreements or issues that they have, to enable them to agree to a solution that is suitable for all parties involved. Child arrangements can be complex and therefore mediation can be useful as it aims to keep relationships as amicable as possible. Child arrangements are much more effective where parties cooperate with each other and have a good working relationship.
In 2021 the government introduced a Family Mediation Voucher Scheme in order to encourage parties to engage with mediation. Going through a divorce or separation can be overwhelming for parties especially if there is a need for court involvement. Mediation allows the parties to stay in control of the situation and aims to assist the parties with agreeing to any arrangements between them without the need to involve the court.
Topics to be answered in this article
What is the Family Mediation Voucher scheme?
The voucher scheme provides a £500 voucher to families who are eligible for the scheme which will contribute towards mediation sessions. The scheme is available to divorcing or separating parents where the arrangements in relation to a child need to be dealt with. The eligibility criteria is as follows:
- The dispute/application is in relation to a child; or
- The dispute/application regarding the family financial matters where you are also involved in a dispute/application relating to a child.
How does the Family Mediation Voucher scheme work?
When the mediator establishes that the parties are eligible for the voucher scheme, they will proceed with making the application directly. The parties will only be asked to confirm the following:
- That they have asked the mediator to make the application for the voucher;
- That they have not already applied for a voucher under this scheme; and
- That they give consent for any necessary personal details to be given to the Family Mediation Council.
This scheme is not means tested and does not depend on income, number of children, finances etc. If the family is eligible, they will receive the full £500 voucher towards mediation costs.
In order to start mediation, the parties must first attend a Mediation Information and Assessment Meeting (MIAM). Once the mediator has considered suitability and eligibility, the parties will then be invited to attend meditation. There are multiple ways in which mediation can be carried out to ensure that all the parties are comfortable. Mediators will be well versed with issues that families are facing and therefore need to assess what method of mediation is suitable to ensure that that the family gets the most out of each session.
It can be carried out where the parties are in the same room to discuss matters, with the mediator present, and what arrangements they would agree to and consider.This could be more suitable for parties who already have a good relationship with minimal conflict.
The other method is for the parties to be in separate rooms and the mediator speaks to each of the parties individually and will go between them. This is also known as shuttle mediation. This can be useful if the situation is contentious and if you believe that you would feel more comfortable with this arrangement, you should inform the mediator at the MIAM.
The role of the mediator will be to assist and explain to the parties what is reasonable and fair, taking into consideration all of the circumstances. It is to try and unlock any arguments or disagreements that the parties are facing and come to an agreement. In the event that the parties do agree, then the mediator will draw up a memorandum of understanding which will document what the parties have agreed at mediation. This is not binding on any of the parties but can be used to draft any court orders or agreements that are necessary.
It is worth noting that even if you are legally aided, then you are still eligible for the voucher, but you should enquire with the mediator to ensure that they are taking on legal aid work. In addition, if one party is eligible for legal aid, the other person can still apply for the voucher for the full amount to contribute towards their own mediation fees.
Benefits of using the Family Mediation Voucher scheme
Mediation can be beneficial even when it is contentious. It allows parties to gain perspective through the mediator who will guide the parties through the process. Children can get caught up in conflict when couples are going through a divorce or separation. Any separation will inevitably affect the children, one way or another and therefore it is important that the children and their wellbeing are at the forefront of any and all discussions in relation to their care. Mediation can help parties stay focused on the issues at hand which can sometimes be difficult when emotions are heightened. This can limit the ultimate impact that divorcing, or separation can have on the children. In keeping the parties focused that can help with reducing conflict between the parties and promote cooperation which may minimise any negative impact the separation will have on the children.
The court will only get involved if they are required to and are asked by either of the parties to get involved. During proceedings, the court will not meet the and will be largely guided by any assessment carried out by CAFCASS. The court does not know the children and therefore we would always recommend that the parties try to come to an agreement between them to ensure that any arrangement made is tailored to that specific child and family. It is now a requirement by the court that a form of non court dispute resolution is attempted before issuing proceedings. Therefore, if mediation does not progress matters, then the court process can be engaged at a later date.
Who’s eligible for the Family Mediation Voucher scheme
Eligibility will be assessed at the time that the parties attend a Mediation Information and Assessment Meeting also known as a ‘MIAM’. This is the initial meeting where each party will meet with the mediator separately to discuss their situation and what they wish to achieve. The mediator will assess whether mediation is suitable and whether the family is eligible for the voucher scheme.
In the event that the parties are eligible for the voucher scheme, the mediator will make the application for the voucher on behalf of the family and the payment will be made directly to the mediator. The voucher will therefore contribute towards the fees relating to the mediation sessions only. The vouchers are limited to one per family. Depending on the issues, the voucher may not cover all sessions that the family attends with the mediator. This will very much depend upon the charging rate of the mediator and also how many sessions are needed. As no two cases are the same it is difficult to predict how many mediation sessions are needed in order to resolve matters but the mediator will have an idea of this from meeting with the parties at the initial MIAM.
How to apply for a Family Mediation Voucher
If, after the MIAM, the mediator deems that you are eligible for the voucher scheme, they will make the application on your behalf. There is minimal involvement apart from the need to confirm the following:
- That the parties have asked the mediator to make the application for the voucher;
- That the parties have not already applied for a voucher under this scheme; and
- That the parties give consent for any necessary personal details to be given to the Family Mediation Council.
Once the above information has been provided, the voucher will then be paid directly to the mediator at the end of the mediation sessions. The mediator will then deduct the voucher from the mediation fees that have been incurred.
Using the voucher
The voucher cannot be used towards the initial MIAM, but it can be used towards all joint mediation sessions thereafter. Whilst parties are encouraged to complete a questionnaire allowing feedback to be given at the end of the mediation, this is voluntary.
Not all mediators use the scheme and therefore, enquiries should be made to the mediator before booking the MIAM. The mediator should keep the parties updated in relation to fees throughout the sessions.
The scheme has been extended until 2025, but the vouchers are limited. The mediator will be able to advise as to whether the funds are available before making any application on your behalf.
Need help applying for a Family Mediation Voucher?
In summary, the Family Mediation Voucher Scheme is £500 per family that will go towards any mediation that the parties engage in. Provided that the parties are attending mediation to assist with arrangements for the children, the parties will be eligible. The voucher will be paid straight to the mediator and can only be used once per family. Mediation is a beneficial tool that can be utilised to help the parties come to an agreement without needing to engage the court. It can also help keep the conflict to a minimum between the parties which will in turn benefit the whole family, including the children.
As family law solicitors we can point you in the right direction of recommended mediators that have experience within the area that is in dispute. If you need any further advice in relation to mediation or the voucher scheme, get in touch with one of our family lawyers who can assist with answering any questions that you may have.
