Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blogs, examine the essential advantages of mediation and other methods of conflict resolution as a method of resolving the useful arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and consider individually with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration independently (this is typically called a Mediation Information Evaluation Meeting (MIAM)) to go over the background briefly and describe a bit more about the mediation procedure. The initial conferences are confidential therefore the material will not be discussed with the other celebration.
First joint conference
following the private conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is utilized to go through the Contract to Mediate kind, handle any interim or pressing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the problems the parties want to cover however this will typically include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape-record the relevant info and decisions in a variety of documents 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 Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
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 legally binding till the parties have had independent legal suggestions on it. As soon as this has actually taken place, among the celebration’s lawyers will generally 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 process, a few of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will think about any concerns which might make mediation unsuitable or tough. The benefits consist of:
- The mediator will encourage the parties to set the program and confirm what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You select the length of time between sessions and manage its pace. You won’t have to wait months for the next date as can happen in a court procedure, and similarly you can ensure you each have enough time to look at monetary disclosure and assess ideas made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable arrangements or has disliked the subtlety of why a particular tip may be better.
When a decision 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 a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and confidential procedure which means that parties are encouraged to be open about alternatives they want to consider. This typically results in parties making ideas they would hesitate to make in court procedures. For high profile clients, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise handle the procedure and make sure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can offer an important way of dealing with family disputes efficiently and amicably and it need to be something that is encouraged all year.