Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historic blog sites, examine the essential advantages of mediation and other methods of conflict resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation typically begins with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and consider independently with them whether there are any problems which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is often called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and explain a little bit more about the mediation procedure. The initial meetings are private and so the material will not be gone over with the other party.
First joint meeting
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Agreement to Mediate kind, handle any interim or pressing concerns and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover however this will typically involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can tape the appropriate details and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in respect of the everyday care of their children.
Any contract reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. Once this has actually happened, one of the party’s legal representatives will usually 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, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will consider any problems which may make mediation tough or unsuitable. The benefits include:
- The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can resolve matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You choose the length of time in between sessions and manage its rate. 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 adequate time to collate financial disclosure and review ideas made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a particular suggestion might be much better.
a mediator’s function is to facilitate a discussion between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private procedure which means that parties are encouraged to be open about choices they want to consider. This typically leads to parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is likewise a way of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the agenda and selecting the number of sessions you have, parties have much more control over the process than when they are part of court procedures. The mediator will likewise ensure and manage the process that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer a vital method of fixing family disputes effectively and agreeably and it must be something that is encouraged all year.