Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a way of resolving the useful arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Info Assessment Satisfying (MIAM)) to discuss the background briefly and explain a little more about the mediation procedure. The initial meetings are private and so the content will not be discussed with the other celebration.
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Moderate type, handle any interim or pushing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the concerns the parties want to cover but this will normally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape the appropriate info and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. When this has taken place, one of the party’s legal representatives will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out listed below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will think about any problems which may make mediation inappropriate or difficult. The benefits include:
- The mediator will encourage the parties to set the agenda and confirm what they wish to cover in mediation. You can address matters important to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have adequate time to collate monetary disclosure and review tips made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose similar plans or has not appreciated the subtlety of why a particular recommendation might be better.
a mediator’s role is to facilitate a discussion between the parties and motivate recommendations about the result. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is especially important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal process which means that parties are motivated to be open about options they wish to consider. This usually results in parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the program and choosing the variety of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will likewise guarantee and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can supply an important way of fixing family disputes effectively and amicably and it ought to be something that is encouraged all year.