When relationships break down and children or financial matters are involved, mediation is often a key step before court proceedings. But what happens if your ex-partner is in prison? Can you still mediate?
At Vollans Mediation, we understand that every family is different — and some situations, like having a former partner in prison, require specialist guidance. In this blog, we’ll explain your options and how mediation can still work.
What Is Mediation and Why Does It Matter?
Mediation is a process where separating couples work with a trained, neutral mediator to resolve issues like child arrangements or finances. It’s less stressful, more cost-effective, and often quicker than going to court.
Before applying to court for most family matters, you’re usually required to attend a MIAM, a Mediation Information and Assessment Meeting. The aim is to see whether mediation is appropriate for your case.
Can You Mediate if Your Ex-Partner Is in Prison?
Yes it’s possible to mediate even if your ex-partner is currently serving a prison sentence. Mediation in this context may look different, but it can still be a productive way to move forward.
At Vollans Mediation we have experience of working with prisons to get permission to facilitate mediation using video call technology with an ex-partner while they’re in custody. In most cases you and your ex-partner are in separate remote locations, and the mediator moves between you.
The key is ensuring that the process is safe, suitable for everyone involved and the prison is satisfied with the arrangements.
Why Might You Consider Mediation?
Even when one person is in prison, mediation can help with making decisions about contact, visits, or communication with children. You can also discuss property, maintenance, or other financial issues.
It’s often in everyone’s best interest, especially the children’s, to resolve things amicably. Courts also look favourably on parties who have genuinely tried mediation.
Changes to MIAM Exemptions
Recently, there have been some changes to how MIAM exemptions are applied when completing a C100 (for child arrangements) or Form A (for financial applications). Previously, some applicants were automatically exempt from attending a MIAM if their ex-partner was in prison. This is no longer always the case.
Being in prison does not automatically mean mediation isn’t possible. Courts may expect you to at least explore mediation options before making an application.
This shift reflects a growing recognition that family mediation is possible in more scenarios than people realise, even when someone is in custody.
How Vollans Mediation Can Help
At Vollans Mediation, we’re experienced in working with complex family situations, including cases where one person is in prison. We’re also accredited to sign MIAM certificates where required, whether or not mediation proceeds.
Having a former partner in prison doesn’t mean you can’t find a path forward. With the recent changes to MIAM exemption rules, it’s more important than ever to get up to date information before you make decisions or apply to the court.
At Vollans Mediation, we’re committed to helping you resolve your family issues as quickly and smoothly as possible. Contact us today to book your MIAM and begin the mediation process.