Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blog sites, analyze the crucial benefits of mediation and other approaches of dispute resolution as a method of fixing the useful arrangements following separation.
The family mediation process
mediation usually starts 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 process and consider separately with them whether there are any problems which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The preliminary meetings are personal therefore the content will not be talked about with the other celebration.
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Arrangement to Moderate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties wish to cover but this will usually involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the appropriate details and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure provided. 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 document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in respect of the everyday care of their children.
Any arrangement reached in mediation is not legally binding until the parties have actually had independent legal suggestions on it. When this has actually taken place, one of 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 party and the mediator’s own lawyer will think about any problems which may make mediation inappropriate or hard. The advantages consist of:
- The mediator will motivate the parties to set the agenda and verify what they want to cover in mediation. You can resolve matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You pick the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have adequate time to look at monetary disclosure and review tips made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a particular suggestion might be much better.
a mediator’s function is to help with a discussion between the parties and motivate suggestions about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is especially important for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a confidential and personal procedure which means that parties are encouraged to be open about options they wish to consider. This typically results in parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will also handle the procedure and ensure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable method of fixing family disputes effectively and amicably and it need to be something that is encouraged all year.