Today marks completion 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 key benefits of mediation and other methods of conflict resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about separately with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party separately (this is often called a Mediation Details Assessment Meeting (MIAM)) to go over the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are personal and so the material will not be discussed with the other party.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate form, handle any interim or pressing concerns and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties want to cover but this will generally involve conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case an agreement is reached, the mediator can tape-record the appropriate information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to document in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. Once this has taken place, among the celebration’s lawyers will generally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits 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 might make mediation unsuitable or tough. The advantages consist of:
- The mediator will motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can resolve matters important to your own family and those which may 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 choose the length of time in between sessions and manage its pace. You will not need to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a specific idea may be better.
a mediator’s function is to help with a discussion between the parties and encourage tips about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed 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 personal and private procedure which means that parties are motivated to be open about alternatives they want to think about. This usually results in parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the program and choosing the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will likewise handle the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable way of fixing family disputes effectively and amicably and it ought to be something that is motivated all year.