Headway Family Mediation Service
A pathway through divorce and separation
call us on 01707 790017
Serving Herts and Beds
FAQs
- We aim to answer many of the questions you may have regarding mediation in our page ‘About Mediation’ and ‘About Headway’ but the following additional information may also be helpful.
- If you have any other questions or would like specific information from us, please contact us or request a call back.
- If you request an appointment for a Mediation Information and Assessment Meeting, you will be able to discuss your case with a mediator and ask them any question you may have. You can request an appointment by completing our downloadable form or simply call us.
- Our useful links page also provides you with website details of various other organisations that may be of help to you.
What happens at the Mediation Information and Assessment Meeting?
- You can attend the Mediation Information and Assessment Meeting (MIAM) either alone or with the other party. If you attend together you will each have some time alone with the mediator.
- You can tell the mediator about the situation which brings you to mediation.
- The mediator will explain how mediation could help and how the process works; check to see if you are eligible for free publically funded mediation and if not, will let you know what the costs would be.
- You and the Mediator will decide whether mediation is suitable for you
- The mediator will explain what will happen next if you wish to start mediation.
- If mediation is not suitable for any reason, the mediator will be able to issue a ‘Form 1′ which is required if clients wish to apply to court about any family matters.
How will I know what the costs will be?
- Headway aims to make mediation affordable to all clients, irrespective of income. Many of our clients are eligible for FREE mediation through public funding (Legal Aid) and for those who are not eligible, we keep our fees as low as possible and charge on a sliding scale, dependant on your individual income. See ‘Our Fees’ for further details. Your mediator will check to see if you are eligible for Legal Aid at your Information and Assessment Meeting and if not, will make it clear to you what the costs of mediation will be. Mediation is almost always significantly cheaper than alternative legal routes.
Will I need a solicitor?
- Some clients come to us, already having seen a solicitor and may have been referred to mediation by them. Solicitors should always discuss the possibility of mediation with all their clients and anyone applying to a solicitor for Public Funding (formerly Legal Aid) for a divorce must be referred to try mediation first. Other clients may not yet have seen a solicitor and may have approached us themselves to start mediation.
- Mediators can provide general information about the law and the way the legal system works, but we cannot provide legal advice.
- It is up to you whether or not you consult with a solicitor separately during the mediation process. However, we do always recommend that you discuss any proposals with your own solicitor, so that you can be confident that they are fair and reasonable.
- Clients may also wish to use a solicitor to deal with the formalities of the divorce application.
- The documents we provide summarising any agreements reached in mediation are not legally binding. However, a solicitor can use these documents to create a Consent Order (or a Deed of Separation for co-habitees) which can be sent to court for approval, so creating a legally binding agreement. Solicitors charges for doing this will vary but using mediation to reach agreements should minimise the legal costs of divorce or separation.
- If you do not have a solicitor, we can offer you a list of local Family Law Solicitors, including those who have a Public Funding Franchise. These solicitors can help you with a divorce petition and the drafting of a Consent Order at the end of mediation and will be used to dealing with clients in mediation.
Is mediation suitable for everyone?
- Mediation is suitable for most people.
- If you have any concerns, you can raise them at your Information and Assessment Meeting where we always discuss the background of your case and check whether there are any issues that might mean mediation would not be appropriate for you.
Must I meet the other person when I come for mediation?
- You can attend the Mediation Information and Assessment Meeting on you own if you prefer. As mediation works best with both parties in the same room together, if, after the Information Meeting, you both then decide to start mediation, the following meetings will nearly always be joint sessions which you both attend. The mediator will be present throughout the meetings.
- Please tell us if this is difficult for you. We can provide separate waiting areas and arrange for you to arrive and leave our office at different times. If it would help, we can also make sure you are never left alone together.
- We understand that in some exceptional cases joint sessions are just not possible or suitable and in such cases Headway Mediation may be able to offer you ‘Shuttle Mediation’ where no face to face meetings take place. You each remain in separate rooms during the process and the mediators move between the clients. Please contact us for further information.
Is the purpose of mediation to help us get back together?
- Mediation is not the same as marriage guidance or relationship counselling. It is a service for couples who are separating, have already separated, or are in the process of divorcing. It helps you discuss and resolve issues arising from the breakdown of your relationship and move forward with your separate lives. Occasionally however, couples do decide to get back together following mediation, perhaps as a result of being able to talk things through.
What if the other person does not want to mediate?
- Mediation works very well if both parties are committed to resolving their differences through this process. If one party approaches us and is interested in mediation we will contact the other party to give them information about mediation and offer them the option of an Information and Assessment Meeting. Mediation is a voluntary process and if one person decides at any point that they do not wish to proceed, we respect that choice. However, the option of using or returning to Mediation will remain available if, at a later stage, you both then subsequently decide you would like to try the Mediation process.
What if the other person tries to take over the meetings?
- The mediators at Headway are experienced in helping people in conflict to resolve issues and are aware that there may often be one party who is perhaps more forceful or domineering in some way. It is the mediator’s role to structure and manage the meeting in such a way that addresses these imbalances, and to ensure that each of you has an equal input into the process, and feels able to fully discuss issues in a safe and balanced way.
What are Headway’s nearest offices to me?
- Our service covers Hertfordshire and some parts of Bedfordshire. Headway’s main office is in Hatfield. We also have offices in Stevenage, Hemel Hempstead, Watford, Hoddesdon, St Albans and Luton. Details of our offices, with maps, can be found on ‘Our Offices’ page.
Does mediation actually work?
- Yes! The vast majority of our clients reach agreement, with most of these reaching full agreements on all the issues they wanted to discuss.
- Divorce or separation is never easy, but Headway Mediation can really help you to make it easier. Each couple or family situation is different. We never forget that you are the experts about your family and your situation and we will help you find the right solutions for both you and your children. You are the ones who make the decisions and, in reaching mutually agreed solutions, you and all the family will be in the best possible position to move forward. Contact us for further information or request an appointment to talk to a mediator.