Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, take a look at the key benefits of mediation and other techniques of dispute resolution as a way of solving the useful arrangements following separation.
The family mediation process
Very first call
mediation generally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any problems which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Information Evaluation Fulfilling (MIAM)) to go over the background briefly and discuss a little bit more about the mediation procedure. The preliminary conferences are private therefore the material will not be talked about with the other celebration.
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Arrangement to Moderate type, deal with any interim or pressing problems and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover but this will typically include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape-record the appropriate information and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal guidance on it. Once this has actually occurred, one of the party’s legal representatives will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of benefits to the mediation process, some of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own solicitor will think about any problems which may make mediation inappropriate or hard. The benefits consist of:
- The mediator will motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can attend to matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have sufficient time to collate monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar plans or has actually disliked the subtlety of why a specific tip may be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
mediation is a private and confidential process which implies that parties are encouraged to be open about alternatives they want to consider. This typically results in parties making tips they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the procedure than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will likewise handle the procedure and ensure that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can offer an important method of solving family disagreements successfully and amicably and it need to be something that is encouraged all year.