Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historic blog sites, take a look at the crucial benefits of mediation and other techniques of conflict resolution as a way of dealing with the practical plans following separation.
The family mediation procedure
mediation usually begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider individually with them whether there are any concerns which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a bit more about the mediation procedure. The preliminary conferences are private therefore the material will not be talked about with the other party.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Agreement to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the issues the parties want to cover but this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In the event that an arrangement 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’ monetary info as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal suggestions on it. When this has happened, among the celebration’s legal representatives will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of advantages to the mediation process, a few of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own lawyer will think about any problems which might make mediation inappropriate 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 important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You choose the length of time between sessions and handle its rate. You will not need to wait months for the next date as can happen in a court process, and equally you can guarantee you each have sufficient time to collect financial disclosure and reflect on suggestions made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose comparable plans or has actually disliked the subtlety of why a specific recommendation might be much better.
a mediator’s function is to assist in a discussion between the parties and encourage suggestions about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is particularly crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and private procedure which means that parties are motivated to be open about choices they wish to think about. This usually results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the process than when they are part of court proceedings. The mediator will likewise handle the procedure and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can offer a vital method of resolving family conflicts efficiently and amicably and it need to be something that is motivated all year.