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, analyze the essential advantages of mediation and other methods of disagreement resolution as a way of dealing with the practical arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about individually with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The preliminary meetings are confidential therefore the material will not be talked about with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Arrangement to Moderate type, handle any interim or pressing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will generally include conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an agreement is reached, the mediator can tape the appropriate information and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to document in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal advice on it. Once this has happened, among the party’s lawyers will normally turn the Memorandum of Understanding 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, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will consider any problems which may make mediation unsuitable or tough. The advantages consist of:
- The mediator will encourage the parties to set the agenda and validate what they want to cover in mediation. You can deal with matters essential 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 location practical to you and the mediator. You select the length of time in between sessions and manage its pace. You won’t have to wait months for the next date as can take place in a court process, and equally you can guarantee you each have enough time to look at monetary disclosure and reflect on tips made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce comparable plans or has not appreciated the subtlety of why a particular tip might be much better.
a mediator’s role is to assist in a discussion in between the parties and encourage tips about the result. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and private process which indicates that parties are encouraged to be open about alternatives they wish to think about. This generally results in parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have much more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also ensure and manage the procedure that mediation does not continue.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can supply an indispensable way of solving family disagreements successfully and agreeably and it must be something that is motivated all year.