Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blog sites, take a look at the crucial advantages of mediation and other techniques of conflict resolution as a method of solving the useful plans following separation.
The family mediation process
mediation generally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about separately with them whether there are any issues which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is typically called a Mediation Info Assessment Meeting (MIAM)) to discuss the background briefly and describe a bit more about the mediation process. The preliminary meetings are confidential therefore the content will not be talked about with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Moderate form, deal with any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the concerns the parties want to cover but this will normally include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an arrangement is reached, the mediator can tape the relevant details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to record in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding up until the parties have had independent legal recommendations on it. When this has actually taken place, one of the celebration’s lawyers 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 process, a few of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will consider any issues which may make mediation unsuitable or hard. The advantages include:
- The mediator will motivate the parties to set the program and confirm what they wish to cover in mediation. You can address matters essential to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick the length of time in between sessions and manage its speed. You won’t have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have sufficient time to collate monetary disclosure and assess tips made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced choices where the judge may not have the power to enforce similar arrangements or has not appreciated the subtlety of why a particular recommendation might be better.
When a choice 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 private and personal procedure which implies that parties are encouraged to be open about choices they want to consider. This typically results in parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the process than when they belong to court procedures. The mediator will likewise handle the process and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can provide an indispensable way of dealing with family conflicts efficiently and agreeably and it need to be something that is motivated all year.