Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blog sites, take a look at the key advantages of mediation and other techniques of dispute resolution as a method of resolving the useful arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and consider individually with them whether there are any concerns which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party individually (this is typically called a Mediation Information Evaluation Meeting (MIAM)) to go over the background briefly and describe a little more about the mediation process. The initial meetings are personal and so the content will not be gone over with the other celebration.
First joint conference
following the specific meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Contract to Mediate kind, handle any interim or pressing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties want to cover however this will normally include discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In case an arrangement is reached, the mediator can tape the appropriate information and choices in a number of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal advice on it. Once this has actually occurred, one of the celebration’s attorneys will typically 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 number of advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will think about any problems which may make mediation inappropriate or tough. The benefits include:
- The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can deal with matters crucial 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 practical to you and the mediator. You choose the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and assess recommendations made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge may not have the power to impose comparable arrangements or has not appreciated the subtlety of why a particular recommendation might be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a private and personal procedure which means that parties are encouraged to be open about options they want to consider. This typically results in parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the agenda and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. The mediator will also ensure and manage the procedure 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 suitable cases it can offer an important method of dealing with family disagreements efficiently and amicably and it ought to be something that is encouraged all year.