Capitol Family Mediation Waltham Forest

Q1: What kind of issues can we resolve through mediation?

A: Family mediation can resolve virtually all practical issues arising from separation:

Child Arrangements: Where the children live, when they spend time with each parent, holidays, education, and communication.

Financial Matters: Division of the family home, pensions, savings, investments, debts, and issues related to spousal maintenance and child maintenance.

Parenting Plan: Creating a detailed written agreement on how parents will manage co-parenting going forward.

Q2: Is mediation legally required before I can apply to the Family Court?

A: Yes, usually. If you intend to apply to the Family Court for a Child Arrangements Order or a Financial Order, you must first attend a Mediation Information and Assessment Meeting (MIAM). This mandatory initial meeting is to ensure you consider mediation as a less confrontational option before starting expensive court proceedings. The mediator will sign the necessary court form (C100 or Form A) if mediation is deemed unsuitable or if the other party refuses to attend.

Q3: What if I am worried about seeing my ex-partner or feel unsafe?

A: Mediation is not suitable if safety is a genuine concern. The mediator will assess suitability at the MIAM.

If there are allegations or concerns about domestic abuse, the mediator will usually determine the case is not suitable for mediation.

If there is high conflict but no safety risk, the mediator can offer Shuttle Mediation, where you and your ex-partner sit in separate rooms (or separate virtual rooms in online mediation), and the mediator moves between you to facilitate negotiations.

Q4: How long does mediation take, and is it cheaper than court?

A: Mediation is significantly quicker and cheaper than going to court.

Time: Resolving arrangements for children can often be achieved in 1 to 3 joint sessions (taking weeks or a few months). Complex financial issues may require 3 to 5 sessions. Court proceedings typically last 6 months to over a year.

Cost: Legal costs for mediation are often split between the parties, and the total cost is usually a fraction of the average legal fees for full court litigation, which can run into tens of thousands of pounds.

Q5: Is there any funding help available for mediation in Waltham Forest?

A: Yes.

Legal Aid: If you are on a low income or receive certain benefits, you may qualify for Legal Aid, which can cover the entire cost of your mediation.

Government Voucher Scheme: A government scheme offers a contribution of up to £500 towards the mediation costs for eligible cases involving child arrangements. The mediator applies for this on your behalf.