Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historic blogs, take a look at the crucial advantages of mediation and other methods of dispute resolution as a method of resolving the practical arrangements following separation.
The family mediation procedure
mediation typically begins with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and think about individually with them whether there are any concerns which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party separately (this is often called a Mediation Information Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The initial meetings are personal therefore the content will not be talked about with the other celebration.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Mediate type, deal with any interim or pushing problems and to set the agenda for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the issues the parties want to cover however this will typically include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can tape the relevant details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. As soon as this has happened, one of the party’s lawyers will usually 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 number of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any concerns which might make mediation unsuitable or challenging. The advantages include:
- The mediator will encourage the parties to set the program and validate what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You select the length of time in between sessions and manage its pace. You will not need to wait months for the next date as can happen in a court process, and equally you can ensure you each have adequate time to look at monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has actually disliked the subtlety of why a particular tip may be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are motivated to be open about choices they want to think about. This typically leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the process than when they become part of court proceedings. The mediator will also manage the process and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can provide an indispensable method of fixing family disagreements successfully and agreeably and it need to be something that is motivated all year.