Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blogs, examine the crucial benefits of mediation and other approaches of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation procedure
mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk with the parties about the mediation process and consider separately with them whether there are any problems which would suggest that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration independently (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to discuss the background briefly and describe a little more about the mediation procedure. The preliminary meetings are confidential and so the content will not be gone over with the other party.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate form, handle any interim or pressing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover however this will usually involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the relevant info and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices 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 wish to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding until the parties have had independent legal advice on it. When this has happened, one of the party’s lawyers will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation process, a few of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will think about any issues which may make mediation hard or unsuitable. The benefits include:
- The mediator will motivate the parties to set the agenda and verify what they wish to cover in mediation. You can address matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time between sessions and manage its pace. You will not need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have enough time to collate financial disclosure and assess tips made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court enforced decisions where the judge may not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a particular idea might be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship.
mediation is a private and personal procedure which suggests that parties are encouraged to be open about choices they want to consider. This usually results in parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. The mediator will also ensure and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of dealing with family disagreements efficiently and amicably and it need to be something that is encouraged all year.