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MIAM Guidelines 

MIAM Guidelines 

Please read and submit this form in order for us to book your individual MIAM meeting.
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    The only exceptions to confidentiality are:

    1. Concerns about the safety of any child or person/s. In this event we are obliged to share information with the appropriate agency
    2. Violence or threat of violence before, during or after a mediation session where the Mediator, client or other party feels it necessary to call the Police, or where a Mediator is a witness to an incident which results in criminal proceedings against a client;
    3. If something was said in mediation that leads the Mediator to believe that either you or your partner have benefited from the proceeds of crime (under the Proceeds of Crime Act 2002 and/ or relevant money laundering regulations).
    4. In these cases, we may have a duty to inform the appropriate authorities.
    5. We will inform you of this where we can but there may be circumstances where we are unable to do so.
    6. All discussions in mediation are without prejudice and what you say in mediation sessions cannot be used later in court proceedings if mediation breaks with the above exceptions.
    7. When mediation has ended all documents about your case will be shredded.
    8. However, we need to hold basic information to allow us to communicate efficiently with you and to produce statistical records of our work.
    9. Basic personal information will be kept for seven years.
    10. We can only hold this information with your permission, and we accept your attendance of the MIAM as your agreement.
    11. A copy of our privacy policy accompanies is available here. If you have any questions regarding this, please raise them at your MIAM.
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    The Mediator will: 

    Discuss NCDR, and how best you may use either Mediation, Arbitration, Neutral Evaluation (such as a private FDR (financial dispute resolution) and Collaborative law

    • Remain impartial throughout the process. 
    • Ensure that they do not discuss any information gained from the mediation service with regards to its operation or its clients to any other individual or agency outside of mediation. 
    • Ensure that any documentation is always kept safe and confidential. 
    • Explain how mediation works and what the next stages are. 
    • Make it known, as soon as possible, to a senior member of staff, if they personally know any client referred to the service. Any staff member personally knowing a client will avoid looking at any case material or getting involved in the case in any way. They will seek to pass the referral on to another member of staff as promptly as possible. 
    • Where a client is simply an acquaintance it may not be necessary, or practical, to implement the point above. However, your mediator will ensure that both parties are aware of this acquaintance and are reassured that it will not affect the mediator’s impartiality or approach to confidentiality. 
    • Keep you updated between appointments. In circumstances where frequent updates are required this can be challenging. However, if you have not heard from your mediator, please call the office. 

     

    The Mediator will not: 

    • Advise you on legalities or give their opinion on matters. 
    • Agree how mediation is paid for if the fees are not divided equally. 
    • Pass on messages between clients outside of the mediation session because this could compromise confidentiality and the mediator’s impartiality. If you have a pressing matter such as a safeguarding issue, please do make contact. 

     

    Communications, documents and fees

    • When communication is sent to you via email it will be labelled ‘Private and Confidential and Without Prejudice’. Any documents emailed will be password protected and the access code will be sent via text to your mobile.

     

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    The Mediator agrees to the following: 

    • They will not audio or video record any mediation session. They will check with you that neither you, nor anyone on your behalf, will do so. 
    • They may terminate online video mediation if there is inadequate quality of connection, or a breach of this agreement may have occurred. 
    • They may suspend the mediation if there is any remote interruption and will restart the online session once satisfied that any interruption has been resolved and that it remains appropriate to continue following such interruption. 

     

    Online Video Mediation 

    Recommendations: 

    • Be prepared with a list of areas to discuss, your device charger, a drink, and tissues. 
    • Please, if at all possible, use a computer or laptop not a mobile device. 
    • Please close other browser tabs and turn off all notifications to optimise internet speed. 
    • Please have the mediator’s phone number ready in case you have any connection difficulties. 
    • You may be in a waiting room until the mediator admits you to the meeting. 
    • You will initially be on video and audio, this is for the mediator only. 
    • The mediator will introduce the meeting and explain how it will work. 
    • If you need a break at any time let the mediator know. 
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    By stating yes we will undertake this before we take any payment from you for your MIAM
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    Do you want to access the voucher scheme?
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    These are our Fees

    1. The MIAM meeting is No charge and lasts for up to 1 hour

    2. The Government voucher will provide up to 3 hours of mediation at no charge for discussions about child arrangements. 

    3. If you require further mediation, for child arrangements, after the 3 free hours our fees are as follows:

    • We offer a reduced fee of £75.00 per hour per person (usual fee is £125ph pp). Sessions can be booked in 60/90 or 120 minute timescales. Any unused time, in joint meetings booked for more than 60 minutes, can be carried over to the next session in 15 minute increments. However no refunds will be made for unused time.

     4. Where child and other arrangements are agreed in mediation the mediator will provide Mediation progess summaries and then a final Mediation Outcome summary. This is a without prejudice document that is not legally binding.  There is no additional fee for this

    If you wish to make these agreements into a legal order you will need to apply to the court/via your legal representative for a consent/or child arrangements order. 

    5. If you require further mediation, for finance and property our fees are £75 per person per hour (usual fee us £125.00 per hour per person)

    6. Where financial disclosure and subsequent financial agreements are made in mediation you can request that the mediator provide an Open Financial Statement and a Memorandum of Understanding. These are without prejudice documents that are not legally binding until they have been made into a into a legal order. The fee for this is £75.00 per person.

    7. If mediation is either not suitable or breaks down, and you need to apply to the courts, you can ask your mediator for a signed C100 Form (for child contact issues) or a Form A (for financial issues). There is no additional fee for this.

     

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    These are our Fees

    1. The MIAM meeting is £90 per person and lasts for up to 1 hour

    2. The Government voucher will provide up to 2 hours of mediation at no charge for discussions about child arrangements.

    3. After you have used the goverment voucher, if eligible, the following Joint mediation meetings are £125 per hour per person. Sessions can be booked in 60/90 or 120 minute timescales. Any unused time, in joint meetings booked for more than 60 minutes, can be carried over to the next session in 15 minute increments. However no refunds will be made for unused time.

    4. Where child and other arrangements are agreed in mediation the mediator will provide Mediation progess summaries and then a final Mediation Outcome summary. This is a without prejudice document that is not legally binding.  There is no additional fee for this

    If you wish to make these agreements into a legal order you will need to apply to the court/via your legal representative for a consent/or child arrangements order. 

    5. Where financial disclosure and subsequent financial agreements are made in mediation you can request that the mediator provide an Open Financial Statement and a Memorandum of Understanding. These are without prejudice documents that are not legally binding until they have been made into a into a legal order. The fee for this is £125 per person.

    6. If mediation is either not suitable or breaks down, and you need to apply to the courts, you can ask your mediator for a signed C100 Form (for child contact issues) or a Form A (for financial issues). There is no additional fee for this.

    7. We accept payment by card or bank transfer

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    Please complete below
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    As you have asked us to undertake a Legal Aid check we will contact you to do this before we confirm whether mediation is chargeable or not.

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    *We will do our best to accommodate - select all that apply
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    If you are paying by bank transfer, please transfer £90.00 to the account below with your name as the reference

     

    Oak Community Services Cic

    Account: 14281315

    Sort code: 60-83-71

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