Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historical blog sites, take a look at the crucial advantages of mediation and other approaches of dispute resolution as a method of fixing the useful plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with 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 initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation procedure. The initial conferences are confidential and so the content will not be talked about with the other celebration.
First joint meeting
following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Contract to Mediate form, handle any interim or pressing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties want to cover but this will typically include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the relevant information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- 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 proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have actually had independent legal advice on it. Once this has taken place, among the party’s legal representatives will normally 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 variety of advantages 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 lawyer will think about any issues which may make mediation unsuitable or tough. The advantages consist of:
- The mediator will motivate the parties to set the agenda and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and handle 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 financial disclosure and review tips made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular tip may be better.
a mediator’s role is to facilitate a discussion between the parties and encourage recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is particularly important 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 implies that parties are motivated to be open about choices they want to think about. This usually results in parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and choosing the variety of sessions you have, parties have a lot more control over the process than when they belong to court procedures. The mediator will also ensure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer a vital method of dealing with family conflicts efficiently and amicably and it should be something that is motivated all year.