Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blog sites, examine the crucial advantages of mediation and other methods of dispute resolution as a way of dealing with the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider independently with them whether there are any concerns which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a bit more about the mediation process. The preliminary conferences are confidential and so the material will not be discussed with the other party.
following the individual meetings, if the parties wish 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, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend upon the problems the parties wish to cover however this will usually involve discussion around the arrangements 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 relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure offered. 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 file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal recommendations on it. As soon as this has actually happened, one of 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 advantages 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 everybody and the mediator and a celebration’s own lawyer will think about any issues which might make mediation unsuitable or difficult. 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 crucial to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick 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 ensure you each have adequate time to look at monetary disclosure and review tips made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court enforced choices where the judge might not have the power to impose comparable plans or has disliked the subtlety of why a particular recommendation might be much better.
a mediator’s role is to facilitate a dialogue between the parties and encourage recommendations about the result. 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 communication 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 private process which indicates that parties are encouraged to be open about choices they wish to think about. This typically results in parties making recommendations they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the agenda and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will also manage the procedure and ensure that mediation does not continue.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can provide a vital method of solving family disagreements effectively and amicably and it need to be something that is encouraged all year.