Mediation

Powerful Partnerships: Jones Myers and The Divorce Magazine

Published on
Nicki Mitchell
Partner
Jones Myers

Jones Myers niche family law firm was among The Divorce Magazine’s first collaborators when it launched in January 2013 – and is delighted to remain a key partner in the publisher’s dynamic journey.

Offering a valuable resource comprising legal, financial and emotional support on divorce from established and respected family law experts chimes with Jones Myers ethos to enhance understanding of family law – and the options, guidance and support available to those in need.

As a practice achieving top rankings in esteemed legal guides for over three decades, TDM’s platform enables us to share our extensive expertise.

For example, many separating couples believe that going to court – which can be expensive, drawn out, and stressful – is the only way forward. Our articles explain how alternatives, such as mediation and collaborative family practice, are conducted in a spirit of cooperation with the aim of resolving matters without the need for court proceedings.

At the forefront of complex areas of children law, including international child abduction, we share insights on how concerned parents can spot warning signs along with advice on other key issues including child arrangement orders, co-parenting, alienating behaviours and grandparents rights.

Understanding only too well how the financial aspects of divorce can be bewildering to those who have not managed practicalities such as tax and direct debits during their relationship, we focus on pertinent areas such as common financial mistakes and related topics like pensions and financial settlements.

Social Media Benefits

Great partnerships always aim to be reciprocal, and additional benefits of this collaboration see TDM and Jones Myers raise awareness of content across our respective social media channels, reaching thousands of followers across LinkedIn and Twitter. I have also been involved in a  podcast with a panel which was well received.

Client Feedback  

Joining Jones Myers as a partner in 2019, I am delighted with feedback from clients and partners on our articles which have been read by almost 88,400 readers in the last three years alone. The need for, and interest in, TDM’s offering looks set to further increase following its  22% readership expansion from 99,000 to 183,000 across 2024-2025.

We have always enjoyed working with Amey and the upbeat team at TDM who are receptive to ideas and pro-actively invite contributors to share their knowledge, experience, and perspectives in the monthly TDM Contributor Update.

TDM’s continued success is well deserved and Jones Myers looks forward to sustaining our long lasting and mutually beneficial partnership with its team.

Read more articles by Nicki Mitchell.

Read more articles by Jones Myers.

About Nicki Mitchell

With over three decades of experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled Mediator, Child Inclusive Mediator and Collaborative Family Lawyer, Nicki champions Alternative Dispute Resolution processes which avoid a lengthy court process and can lead much more quickly and cost effectively to a successful resolution.

Her exceptional track record also includes advising clients on the more traditional methods of resolving issues surrounding family breakdowns. Nicki.mitchell@jonesmyers.co.uk

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No Child Should Be a Case Number: When a Child’s Future Is Decided in a Courtroom in 40 Minutes

Published on
Kristyna Hawkett
Family Mediator and Founder
MinusOne Mediation

Every three months, more than 14,000 new disputes between parents about their children are brought into the court system in England and Wales, affecting over 20,000 children¹.

Let’s just stop and think about this. No child should be a case number. And yet, in practice, that is often what they become – part of a process designed to manage disputes, not childhoods. While the number of cases is unsettling, it is even more concerning that, inside the family court, a judge may have less than an hour – sometimes as little as 40 minutes – to move a case forward.

Forty minutes.

That’s less time than most families spend deciding where to go on holiday. Less time than a single school lesson. Less time than it takes to watch an episode of a television drama that, ironically, often portrays the very system parents find themselves in. And yet, some people continue to treat the court process as the default route for resolving parenting disputes.

Private law children’s cases are rising steadily. Behind each application is not just a legal issue, but a family in distress, often already struggling to communicate, regulate emotions, or make decisions together. And very often, it’s not as complicated as it first appears. It’s two parents stuck in conflict – hurt, frustrated, and often angry, reacting to each other, rather than stepping back and thinking clearly about what their child actually needs.

Of course, there will always be cases where court involvement is necessary, and where there are safeguarding concerns or risks that require clear legal intervention.

But for many families, that is not the starting point. Parents don’t enter the system thinking they are doing anything wrong. Most come in believing they are protecting their child or doing what they believe is right.

Frustration, hurt and anger can begin to shape how parents speak to, and about, each other. Over time, this can influence how a child experiences both parents. And this is where things become more complex because in the middle of conflict, perspective tends to shift. What may begin as two parents trying to do what they believe is best for their child can, over time, move further away from the child’s needs and deeper into conflict.

A court order can decide where a child lives, how much time they spend with each parent, and how decisions are made. But it doesn’t teach people how to parent together. It doesn’t help when a teenager suddenly refuses contact. It doesn’t ease the tension. It doesn’t prepare parents for the everyday realities of birthdays, new partners, changing routines, or a child trying to adjust between two homes.

At best, a court order gives structure. But real life doesn’t follow a timetable. And still, many parents come away believing that once the order is in place, things will fall into place too. Often, they don’t.

One of the biggest misunderstandings in family disputes is the idea that someone has to be right. But parenting after separation isn’t about winning. It’s about adjusting. Children don’t benefit when parents become fixed in their positions. They benefit when parents can stay flexible and keep talking, even when things are difficult.

But going through a court process together doesn’t always support that. In many cases, it can make it harder for parents to work together afterwards. This is where the system often falls short. Because while the legal process focuses on evidence, statements, and outcomes, children need something different: stability, understanding, and the sense that both parents can still work together, even if they’re no longer together.

For many parents, the legal process itself becomes an additional barrier. Legal terminology, let’s call it “legalese”, can feel overwhelming, confusing, and inaccessible for those without a legal background. Parents are expected to navigate complex procedures, interpret formal documents, and make important decisions, often without fully understanding the implications, at a time when they may already be struggling themselves. Parents are asked to make long-term decisions while everything still feels uncertain.

When parents have the right support around them, they are better able to think clearly, communicate more effectively, and make decisions that their children can actually live with. The end of a relationship is not the end of a family. It is a restructuring. And that restructuring doesn’t stop once the paperwork is signed or the order is made. In many ways, that’s when the real work begins.

Co-parenting is not a static arrangement – it evolves over time as children grow, circumstances change, and new challenges arise. Yet ongoing support for families after separation is often minimal. We prepare people for the legal process. We rarely prepare them for what comes after.

If the goal is truly to prioritise children, then we need to rethink how we approach family disputes. We need to move away from the idea that resolution is something imposed from the outside, and towards approaches that empower parents to create sustainable, workable solutions themselves. This is not about limiting options for families, but about expanding them.

It’s about recognising that while courts have an essential role, they are not designed to meet the full spectrum of needs that separating families experience. And perhaps most importantly, it’s about acknowledging that children should be spared unnecessary conflict wherever possible.

The reality is clear. The system is under pressure, and families are left to navigate a process that was never designed to support them holistically. But there is another way. One that looks at how families can resolve disputes without going through the court process and instead focuses on supporting parents to make decisions together in a way that works for their children. One that recognises that the long-term wellbeing of children depends not on court orders, but on the quality of the relationships around them. Because in the end, the question isn’t whether the court can make a decision. It’s whether that decision will truly help a family move forward. And in many cases, the answer may be more uncomfortable than we expect.

So where in the process are parents shown how to actually make it work afterwards?

 

  1. Ministry of Justice,Family Court Statistics Quarterly, January–March 2025 and July–September 2025.
    Cafcass, Management Information and Demand Data (2025).

 

About Kristyna Hawkett

Kristyna Hawkett is a family mediator and founder of MinusOne Mediation. She works with separating parents to reduce conflict and support more constructive, child-focused ways of moving forward. She helps parents navigate both the divorce process and what comes after, when day to day co-parenting becomes the real challenge.

Email Kristyna Hawkett: kristyna@minusonemediation.com

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Family Mediation and ‘MIAMs’: Recent Rule Changes. Young people sitting in a circle and having a group discussion.
Image by fabrikasimf on Freepik
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Family Mediation and ‘MIAMs’: Recent Rule Changes

Published on
Emma Alfieri
Emma Alfieri
Legal Director
Greene & Greene Solicitors

Mediation Information and Assessment Meetings (MIAMs) have been compulsory in Family Court proceedings since 2014.

MIAMs – What are they?

‘Mediation’ is a method of resolving disputes through an independent third party, known as a mediator. Their purpose is to assist parties in negotiating a settlement.

MIAMs are a meeting which considers and explains the potential benefits of mediation and other non-court dispute resolution (NCDR) methods. During this meeting, the mediator will provide an indication as to the method that would be most suitable to resolve the prospective applicant’s particular dispute. If you are looking to apply to the court to settle your divorce or separation issues, it is a legal requirement that you first attend a MIAM.

The Rules – What’s changing?

  1. MIAM Exemptions:

The courts are looking to update their rules around the obligations to attend a MIAM, and, from 29th April 2024, they will be introducing various changes to reflect this.

If a MIAM exemption applies, then a prospective applicant will not be required to attend a MIAM.

Previously, an application for a MIAM exemption could be accepted in the absence of any supporting evidence. The new Rules, however, require said evidence to be attached to the application.

The courts will make an initial inquiry into whether the exemption is valid, and this will be subject to an ongoing review. If an exemption is deemed invalid, the court may direct parties to attend a MIAM, and possibly adjourn proceedings for that purpose.

In these circumstances, parties are encouraged to engage with the MIAMs because the court will take parties’ conduct into account when considering whether to make an order for costs in relation to the proceedings.

Why?

A stricter approach to the MIAM exemptions means that it will be harder to avoid a MIAM. You may be asking, what are the benefits of this? Well, by exploring NCDR at an early stage, you might be able to (amicably) reach an agreement, and avoid both the time and money involved in issuing court proceedings. Early resolution can also aid in preserving relationships; this may be particularly important in cases where co-parenting is involved.

What else?

April 2024 also brings with it a new MIAM exemption. If a prospective applicant can provide written evidence that they have attended a NCDR process within the 4 months prior the date of the court application (in relation to the same, or substantially the same, dispute to which the proposed court proceedings relate), then an exemption applies. This will ensure that prospective applicants are not unnecessarily directed to attend a NCDR. ‘Written evidence’ is obtained once a NCDR provider has confirmed that the applicant has attended.

  1. An insight into parties’ attitude:

From 28th April 2024, the court is introducing a new Rule for those commencing either financial remedy proceedings or private law proceedings related to children. Applicants who fall within the relevant criteria must now file with the court, and serve on all parties, a form setting out their views on using NCDR as a method of settling.

Why?

The court has introduced this requisite to monitor and identify whether NCDR is a suitable alternative for parties. Requiring parties to record their views about NCDR on paper will encourage them to think outside of the box (or indeed the court room) and consider whether a resolution can be achieved through other means; the benefits of which have been briefly discussed above.

What can divorce experts do?

As well as supporting you in your Family Court proceedings, divorce experts can refer you to accredited mediators that are recognised by Resolution and the Family Mediation Council, to ensure you have the best chance of success at mediating your dispute.

This is only intended to be a summary and not specific legal advice.

Read more articles by Emma Alfieri.

About Emma Alfieri

Emma Alfieri is a Legal Director at Suffolk firm Greene & Greene Solicitors.

Emma advises on all aspects of family law, including divorce and associated financial matters, disputes between cohabitants and child related disputes.

A member of Resolution, Emma is committed to resolving disputes as positively and agreeably as possible whilst also being motivated to obtain the best possible outcome for her clients.

Since 2012 Emma has been consistently recommended by the Legal 500 on an annual basis and in the most recent 2024 edition Emma is ranked as a “rising star”.

As an advocate of fault free divorce, Emma lobbied at Parliament with other members of Resolution in 2016 to bring about the recent changes to divorce law.

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Mediation must be voluntary to ensure access to justice.
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Mediation Must be Voluntary to Ensure Access to Justice

Published on
The Law Society
The Law Society
Professional Body for Solicitors
England & Wales

Divorcing couples should not be subject to mandatory mediation, as putting barriers in place to attending court is likely to deny access to justice, the Law Society of England and Wales said today in response to a government consultation.

The consultation launched in March is seeking views on supporting earlier resolution of private family law arrangements. In its response to the consultation the Law Society is calling on:

  • Mediation to not be mandatory in divorce cases;
  • Early advice for all (subject to means testing)*
  • Support for domestic abuse victims as they go through the court process, which has not been detailed in the government’s proposals;

“The family courts are experiencing significant backlogs and delays.** We are pleased the government is seeking early resolution for families,” Law Society President Lubna Shuja said.

“Delays have a detrimental impact on families seeking justice and can mean parents are prevented from seeing their children. This leaves children without the stability they need to thrive.

“The problems facing the family court will not go away overnight, but with a robust framework, early legal advice and greater options for divorcing couples, there is more chance of early resolution.”

Commenting on mediation being mandatory Lubna Shuja said: “We understand the value of mediation in resolving family disputes amicably without needing to go to court.

“We do not agree, however, with making mediation compulsory. No form of dispute resolution should be mandatory. Attendance must be voluntary for it to be effective.

“Most couples try to avoid costly court litigation and delays to resolution. The types of cases that do require a court hearing or court process – and would be impacted by the compulsory mediation scheme – are complex in nature.

“Complexity needs to be considered, otherwise these proposals could risk harm being done to vulnerable people who are legitimately seeking a court hearing.”

Commenting on support needed for victims of domestic abuse Lubna Shuja said: “The Domestic Abuse Act has been a positive step forward in the government improving the protections available for victims.

“While the government has recognised that cases concerning allegations of domestic abuse need to be an exemption to the scheme, these cases cannot simply be removed.

“Domestic abuse victims need to be referred to services that can protect and support them through the court process. This is not detailed in the government’s proposals.”

About the Law Society

The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.

Press office contact: Naomi Jeffreys | 020 8049 3928

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I'm Divorcing - Am I Eligible for Free Mediation Sessions?
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I’m Divorcing – Am I Eligible for Free Mediation Sessions?

Published on
Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

For separating couples, mediation can be a highly effective way of avoiding a lengthy, costly, and drawn-out Court divorce in which children are often caught up in the crossfire.

To help more couples in this situation, the Government has launched and extended a Family Mediation Voucher Scheme to encourage more people to undergo mediation.

What is the Family Mediation Voucher Scheme?

The publicly funded scheme helps separating couples to resolve their family law disputes outside of Court, giving them up to £500 towards the costs of mediation.

Both people involved need to agree to take part – and only Mediators like me who are authorised by the Family Mediation Council (FMC) can conduct the sessions.

How do I know if I’m eligible?

Most divorcing couples are required by law to attend a Mediation Information Assessment Meeting (MIAM). At this session a qualified mediator assesses whether mediation is appropriate for your individual case – and if you qualify for the scheme.

Eligible cases must involve a dispute or court application involving a child, although the sessions can also cover related issues around finances.

Which cases do NOT qualify for the funding?

  • If you’re applying for a consent order
  • If any children are involved in emergency proceedings, care proceedings or supervision proceedings
  • If any of the children are the subject of an emergency protection order, care order or supervision order

Where there are allegations of domestic abuse, the mediator will carefully assess with the person alleging that abuse whether mediation is suitable.

What happens if I quality?

Your mediator will apply for the voucher funding, paid directly to them when the mediation is concluded. Vouchers are limited and the mediation sessions can be attended together or separately.

Will the £500 cover all mediation costs?

This depends upon the mediator’s fees and the number of sessions needed. The voucher is intended to be a contribution towards mediation sessions.

What happens if the mediation doesn’t work?

You and your ex should take advice as to the options available.  Ultimately, if all else fails, you can make an application to go to Court.

What happens if the mediation is successful?

The arrangements agreed in mediation can be put into a document which is often known as a “parenting plan” which you can then both sign.  This provides a useful record of your agreement.

A parenting plan does not have the status of a court order.  However, court orders are not usually necessary or desirable in children cases.

The law (The Children Act 1989) works on the basis of the “non-intervention principle”. Put simply, the law recognises that parents are much better placed to parent than a court and so orders will only be made where necessary in the best interests of a child.

If you can agree, then an order is often not necessary. An order made when children are young will often become a straight jacket by the time they are older.  It makes sense for you to continue to review what your children need as they grow up, and this is much easier to do in mediation than in repeated court applications.

In our extensive experience, along with speed and cost, mediation helps to minimise the damaging fallout from a separation, enabling both parents and their children to move forward.

For more information on the scheme visit Family Mediation Voucher Scheme – GOV.UK (www.gov.uk)

Click here for more articles from Jones Myers.

About Nicki Mitchell

Nicki is a partner at Jones Myers, a niche, multi award-winning family law firm based in Leeds, Harrogate, and York.

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

A skilled mediator and collaborative family lawyer, Nicki has recently further enhanced her extensive expertise by becoming a child-inclusive mediator. The accreditation enables her to meet with children of separated parents and hear what they want for their future.

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