Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blogs, analyze the key advantages of mediation and other methods of dispute resolution as a method of solving the useful arrangements following separation.
The family mediation procedure
mediation generally starts with the mediator having a short initial call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and think about individually with them whether there are any problems which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The initial conferences are private and so the content will not be discussed with the other celebration.
First joint conference
following the specific meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate type, deal with any interim or pressing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend on the problems the parties wish to cover but this will generally include discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. Once this has actually happened, among 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 variety of benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will consider any concerns which might make mediation difficult or inappropriate. The benefits consist of:
- 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 be relevant in a court procedure.
- Mediation sessions can be scheduled 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 have to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a particular suggestion might be much better.
a mediator’s function is to help with a discussion in between the parties and motivate tips about the result. When a choice is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and confidential process which indicates that parties are encouraged to be open about alternatives they want to consider. This normally leads to parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the program and picking the number of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise guarantee and handle the procedure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can offer an invaluable method of resolving family disputes effectively and agreeably and it ought to be something that is motivated all year.