Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historic blog sites, take a look at the crucial benefits of mediation and other approaches of conflict resolution as a method of resolving the practical plans following separation.
The family mediation procedure
Very first call
mediation usually begins with the mediator having a short preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation process 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 Info Assessment Meeting (MIAM)) to go over the background briefly and describe a bit more about the mediation procedure. The preliminary conferences are private and so the material will not be discussed with the other party.
following the individual conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate kind, handle any interim or pushing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend upon the issues the parties want to cover however this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the relevant info and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
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 up until the parties have had independent legal suggestions on it. Once this has taken place, one of the celebration’s lawyers 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 benefits to the mediation procedure, some of which are set out below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any problems which may make mediation difficult or inappropriate. The advantages consist of:
- The mediator will encourage the parties to set the agenda and verify what they wish to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time between sessions and manage its pace. You won’t have to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to collect monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a particular tip might be better.
a mediator’s role is to help with a dialogue in between the parties and encourage recommendations about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is particularly 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 private and personal process which suggests that parties are encouraged to be open about choices they wish to think about. This typically results in parties making tips they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the agenda and picking the variety of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. The mediator will also make sure and handle the procedure 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 supply a vital way of fixing family disagreements effectively and agreeably and it should be something that is encouraged all year.