Glossary of Family Mediation Terms

Agreement to Mediate: is a document that outlines the terms and conditions under which the mediation process will be conducted ensuring all participants have a clear understanding of the mediation framework before proceeding.

Child-Centric Approach: The principle that the best interests of the child should be the primary consideration in any decision made during mediation.

Child Inclusive Mediation: A type of mediation where children are involved in the process so that their voice can be heard.

Confidentiality: The strict obligation of the mediator to keep all information disclosed during mediation confidential.

C100: Court Form C100 is used to initiate child arrangement proceedings. Before submitting C100 the applicant is usually expected to try family mediation. If mediation is deemed inappropriate or unsuccessful, the mediator will sign part of the C100 allowing the participants to proceed with court action if necessary.

Family Mediators Association: A membership organisation for family mediators –  https://thefma.co.uk/

Family Mediation Council (FMC): The professional body that represents mediators and sets standards for the practice of family mediation in England and Wales –  https://www.familymediationcouncil.org.uk.

Family Mediation Council Accreditation (FMCA): signifies that a mediator has completed rigorous training and assessment, ensuring they are qualified to handle complex family matters. Choosing an FMCA-accredited mediator provides assurance of their expertise and adherence to professional standards.

Family Mediation Voucher: Provides financial support of up to £500 for families in England and Wales to help cover the cost of mediation sessions where discussions include making arrangements for children.

Financial Disclosure: the process of both participants providing a full and honest account of their financial situations, including assets, liabilities, income, and expenses. This transparency ensures that any agreements reached are fair and informed, considering the complete financial context of both individuals.

FM1: Court FM1 will be completed by the mediator if neither the C100 or Form is relevant and mediation is deemed inappropriate or unsuccessful.

FM5: Is a “Statement of Position on Non-Court Dispute Resolution” which must be complete before any first court hearing. This form outlines each person’s views on engaging with non-court dispute resolution methods, such as mediation, and must be filed and served in both private law children proceedings and contested financial remedy proceedings, except in cases involving domestic abuse.

Form A: Court Form A is used to initiate financial proceedings related to divorce. Before submitting Form A, the applicant is usually expected to try family mediation. If mediation is deemed inappropriate or unsuccessful, the mediator will sign part of the Form A allowing the participants to proceed with court action if necessary.

Impartiality: The mediator’s duty to treat all participants fairly and equitably.

Legal Aid: Funding available for family mediation if you meet certain financial criteria. If you qualify, legal aid will cover the costs of the Mediation Information and Assessment Meeting (MIAM), any joint mediation sessions, and the preparation of related paperwork, ensuring you won’t incur any expenses for these services.

Mediation Record: A short confidential/without prejudice document prepared by the mediator after every mediation session. It’s a brief summary of the key discussions that were had during the session, what was agreed/not agreed and next steps. It contains information which is relevant to helping participants move forwards and reach agreements. Whilst it is confidential, it may be shown to legal advisors in connection with obtaining legal advice.

Memorandum of Understanding (MoU): A document that outlines the agreements reached between participants, particularly concerning financial matters. While the MoU itself isn’t legally binding, it can be converted into a legally enforceable consent order with the assistance of a solicitor.

MIAM (Mediation Information and Assessment Meeting): An individual meeting that must be attended by separating or divorcing couples before they can apply for court orders relating to children or finances. The purpose of the MIAM is to explore whether mediation is suitable for resolving the dispute and to provide information about the mediation process.

Neutrality: The mediator’s obligation to remain impartial and avoid taking sides in the dispute.

Non-Court Dispute Resolution (NCDR): A broader term encompassing various methods of resolving disputes outside of the traditional court system, including mediation.

Online Mediation: A type of mediation conducted remotely, using video conferencing or other online tools.

Open Financial Statement (OFS): A comprehensive document that details each participants’s financial situation, including assets, liabilities, income, and expenses. This transparent disclosure facilitates informed discussions and aids in reaching fair agreements during the mediation process.

Shuttle Mediation: A way of referring to mediation where the participants are placed in separate rooms, and the mediator facilitates communication by moving between them, ensuring the participants do not interact directly.

Voluntariness: The principle that participation in mediation should be voluntary, and participants should not be coerced into participating.

Without Prejudice: The understanding that statements made during mediation are not admissible in court as evidence.