Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blogs, analyze the essential advantages of mediation and other approaches of conflict resolution as a method of fixing the practical plans following separation.
The family mediation process
mediation normally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider separately with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to go over the background briefly and describe a little more about the mediation process. The preliminary conferences are personal therefore the content will not be discussed with the other celebration.
First joint meeting
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Arrangement to Mediate type, deal with any interim or pressing issues and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover but this will usually involve conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the relevant details and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans 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 lawfully binding until the parties have actually had independent legal suggestions on it. Once this has actually happened, among the celebration’s lawyers will usually 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 number of advantages to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will think about any issues which might make mediation challenging or inappropriate. The benefits include:
- The mediator will encourage the parties to set the program and validate what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have adequate time to collate financial disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court enforced choices where the judge might not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific recommendation might be much better.
a mediator’s role is to facilitate a discussion in between the parties and encourage tips about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created 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 confidential process which means that parties are encouraged to be open about alternatives they wish to think about. This usually leads to parties making ideas they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have far more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will likewise handle the process and ensure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can supply an important method of resolving family disputes efficiently and amicably and it ought to be something that is encouraged all year.