If you’re currently in prison, or you are a family member trying to help a loved one who is, you may be wondering whether family mediation is still an option. The short answer is yes. This article explains how mediation can work when one person is in custody, what to expect from the process, and how Vollans Mediation can help.
Why Would Someone in Prison Need Family Mediation?
When a relationship ends and children or finances are involved, decisions still need to be made, whether someone is in custody or not. A person in prison may need to resolve arrangements around:
- Contact with their children, including visits or video calls during the sentence
- Long-term child arrangements for when they are released
- The family home, shared property, or savings
- Maintenance or other financial matters
These issues do not go away because one person is in custody. In many cases, resolving them through mediation, rather than through the courts, leads to better, more sustainable outcomes for everyone, especially for children.
Is Mediation Really Possible From Prison?
Yes. At Vollans Mediation, we have direct experience of working with prisons to arrange mediation sessions via video call. With the necessary permissions in place, the person in custody takes part remotely from within the prison, while the other person joins from a separate location. The mediator moves between the two, just as in any remote mediation.
The process requires the cooperation of the prison, and our mediators are experienced in navigating these arrangements to ensure everything is set up safely and appropriately for all involved.
What Has Changed Around MIAM Exemptions?
Before applying to court for most family matters (whether about children (using a C100 form) or finances (using a Form A)), Â applicants are usually required to attend a MIAM (Mediation Information and Assessment Meeting). A MIAM is an initial meeting with an accredited mediator to assess whether mediation is suitable.
In the past, some people could claim an automatic exemption from attending a MIAM if their ex-partner was in prison. This is no longer always the case. Changes mean that courts may expect applicants to show they have genuinely explored mediation, even where one party is in custody, before an exemption will be granted.
This makes it more important than ever to speak to an accredited mediator early, rather than assuming you or your ex-partner are automatically exempt.
What If You Are a Family Member Seeking Information?
It is very common for a family member or friend to be the first person to look into mediation on behalf of someone who is in custody. While a family member cannot attend mediation in place of the person directly involved, you can absolutely contact us to understand the options available and what steps would need to be taken.
We are happy to talk through the situation with you and explain what the mediation process would involve, without any pressure or commitment.
What Are the Benefits of Trying Mediation?
Mediation, where it is safe and suitable, offers a number of practical advantages over going straight to court:
- Cost: Mediation is significantly less expensive than contested court proceedings.
- Speed: Cases resolved through mediation are typically concluded much faster than those waiting for court hearings.
- Control: Both parties have a say in the outcome, rather than having a decision imposed upon them.
- The children’s best interests: Reaching agreement amicably, even in difficult circumstances, tends to be better for children than prolonged conflict.
- Court readiness: Even if mediation does not result in a full agreement, having attended a MIAM is a necessary step before most court applications.
How Vollans Mediation Can Help
At Vollans Mediation, we have experience of working in complex and sensitive situations, including cases where one party is in custody. We can:
- Arrange and conduct a MIAM for the party who is not in prison, and work to include the person in custody via video
- Liaise with the prison to arrange the necessary permissions for remote mediation sessions
- Issue a MIAM certificate where required, whether or not mediation proceeds
Being in prison does not have to mean that important family decisions are left unresolved or handed entirely to the courts. With the right support, it is possible to find a way forward.
(If you have an ex-partner in prison, this article also may be helpful to you.)
Contact us today to find out more or to book a MIAM and take the first step.