Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blogs, take a look at the key advantages of mediation and other methods of disagreement resolution as a way of dealing with the practical plans following separation.
The family mediation process
mediation usually begins 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 think about independently with them whether there are any issues which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a bit more about the mediation process. The initial meetings are private therefore the material will not be discussed with the other party.
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Moderate form, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will normally involve discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape the pertinent info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. As soon as this has actually occurred, one of the party’s attorneys will generally 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 procedure, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own lawyer will think about any issues which might make mediation challenging or inappropriate. The advantages consist of:
- The mediator will motivate the parties to set the program and confirm what they wish to cover in mediation. You can deal with matters important to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You select the length of time between sessions and manage its pace. You will not have to wait months for the next date as can take place in a court process, and equally you can guarantee you each have sufficient time to look at monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court enforced choices where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a specific idea might be much better.
When a decision 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 a continuous co-parenting relationship.
mediation is a confidential and personal procedure which implies that parties are encouraged to be open about alternatives they want to think about. This normally leads to parties making tips they would be reluctant 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 agenda and choosing the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will also handle the procedure and ensure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can provide an indispensable method of resolving family disagreements successfully and agreeably and it must be something that is encouraged all year.