If you are 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. Family mediation can sometimes take place when one person is in custody, provided it is safe, suitable and the prison can support the arrangements. This article explains how the process can work, what to expect and how Vollans Mediation can help.
Why Might 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.
Can Family Mediation Take Place From Prison?
Yes. At Vollans Mediation, we have direct experience of working with prisons to arrange mediation by video call.
Once the prison gives the necessary permissions, the person in custody can take part remotely from within the prison. The other person joins from a separate location. The mediator moves between them, just as they would in any remote mediation.
The process does require cooperation from the prison. Our mediators manage these arrangements carefully and make sure the session runs safely and appropriately.
Do MIAM Exemptions Apply If Someone Is In Prison?
Before applying to court for most family matters, applicants are usually required to attend a MIAM. This applies to many applications about children, using a C100 form, or finances, using a Form A.
A MIAM is a Mediation Information and Assessment Meeting. It is an initial meeting with an accredited mediator to assess whether mediation is suitable.
In the past, some people may have assumed they were automatically exempt from attending a MIAM if their ex-partner was in prison. However, this is not always the case.
Depending on the circumstances, the court may expect applicants to show that they have considered mediation before accepting an exemption.
This makes it important to speak to an accredited mediator early. It is better not to assume that you or your ex-partner are automatically exempt.
Can A Family Member Ask About Mediation?
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 Before Court?
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: If mediation is not suitable or does not lead to agreement, a mediator can explain the next steps and issue a MIAM certificate where required.
When Might Mediation Not Be Suitable?
Family mediation is not right for every situation. It may not be suitable if there are safety concerns, safeguarding issues or domestic abuse concerns. It may also be unsuitable where there is a significant imbalance of power, or where practical barriers cannot be managed safely.
These issues can be discussed with an accredited mediator at the MIAM stage.
How Can Vollans Mediation 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.