Family Procedure Rule Changes April 2011
As from 6 April 2011 the new Pre Application Protocolbecomes operational. This means that everyone who wishes to applyto the Court for an Order in relation to financial matters orchildren issues will need to consider mediation before the Courtwill issue their Court application.
In order to demonstrate that mediation has been considered.All Applicants in private law family cases will need to file an FM1form at Court at the same time that they lodge their Applicationwith the Court.
The FM1 form which confirms that the Applicant and/or theRespondent have attended a Mediation Information and AssessmentMeeting (MIAM) needs to be signed by a Mediator, or personqualified to carry out a MIAM - in certain circumstances the formcan be signed by the Applicant and/or their Solicitor.
Rollits Family Mediators
Rollits have two accredited Family Mediators - Sheridan Balland Karen Myles who are authorised to carry out MIAMs and sign FM1forms. They are also both accredited by the Legal ServicesCommission and therefore can mediate in cases where one or bothParties are eligible for public funding.
Sheridan Ball trained as a Family Mediator in 1996,undertaking Advanced Family Mediation training in 1998. For thelast 15 years Sheridan has practised as an All Issues Mediatorbecoming a Practitioner Member of The Law Society Family MediationPanel in 2001. In 2011 Sheridan was accredited by Resolution tooperate as a PPC supervising Family Mediators.
Karen Myles trained as a Family Mediator in 1999 achievingaccreditation with Resolution in 2003. Karen has undertaken AllIssues Mediation work for the last 12 years.
In 2007 Karen and Sheridan both obtained qualification tocarry out Direct Consultation with children within the mediationprocess.
Referral for a Mediation Information and Assessment Meeting(MIAM)
Requests for a MIAM can be made by moc.s1715980067tillo1715980067r@nos1715980067taw.e1715980067nujgn1715980067iliam1715980067e1715980067. You will then be sent a MIAM Referral formfor completion and return.
MIAM meetings and consequent mediation sessions can becarried out at Rollits offices in Hull or York. If a particularvenue is required then please state this on the referralform.
What happens at a Mediation Information and AssessmentMeeting (MIAM)?
In addition to explaining the mediation process and the roleof the mediator, the MIAM will provide the opportunity to give theParties information about other services that may be of assistancee.g. Parenting, or Counselling Courses.
The Mediator will also assess suitability for mediation andthe Parties can decide whether they then wish to participate in themediation process.
Should the Mediator consider mediation is not suitable, oreither of the Parties choose not to proceed to mediation, or themediation process subsequently breaks down the Mediator willcomplete the FM1 form which will then be sent to the referringSolicitor and/or Party.
MIAM Fee Arrangements
During the MIAM the Mediator will assess whether a Party iseligible for mediation funding if they are then the LSC will alsopay the cost of both Parties' MIAMs.
If neither Party is assessed eligible for mediation funding,then each Party will be charged the same MIAM fee that the LSC payie £87 plus vat for a separate meeting and £130 plus vat for ajoint meeting - the joint meeting fee is shared between theParties.
Mediation Fee Arrangements
The LSC will pay the mediation fees for the Party who iseligible for mediation funding. If a Party is not eligible formediation funding then the mediation fee will be discussed andagreed at the MIAM.
This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.