Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, analyze the crucial advantages of mediation and other techniques of disagreement resolution as a way of resolving the practical arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and consider independently with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to discuss the background briefly and describe a little bit more about the mediation procedure. The initial meetings are personal and so the material will not be talked about with the other party.
First joint meeting
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Contract to Mediate type, handle any interim or pushing issues and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend upon the concerns the parties want to cover but this will usually include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the appropriate information and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. When this has occurred, among the party’s legal representatives will usually 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 advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will consider any concerns which might make mediation unsuitable or challenging. The benefits consist of:
- The mediator will encourage the parties to set the agenda and validate what they wish to cover in mediation. You can attend to matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and manage its rate. You will not have to wait months for the next date as can occur in a court process, and similarly you can guarantee you each have enough time to look at monetary disclosure and review suggestions made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a particular idea might be much better.
a mediator’s role is to facilitate a dialogue in between the parties and motivate ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous 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.
mediation is a personal and private procedure which suggests that parties are encouraged to be open about alternatives they wish to think about. This usually results in parties making tips they would hesitate to make in court procedures. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the procedure than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will likewise make sure and handle the process that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an invaluable way of solving family disagreements efficiently and agreeably and it ought to be something that is encouraged all year.