Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historic blog sites, take a look at the key benefits of mediation and other approaches of disagreement resolution as a method of resolving the practical arrangements following separation.
The family mediation procedure
mediation typically begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about independently with them whether there are any problems which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party separately (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The preliminary meetings are personal therefore the material will not be talked about with the other party.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties wish to cover but this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an arrangement is reached, the mediator can record the appropriate info and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding up until the parties have had independent legal advice on it. Once this has occurred, among the celebration’s attorneys will normally 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 benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any concerns which may make mediation unsuitable or hard. The benefits consist of:
- The mediator will encourage the parties to set the program and confirm what they wish to cover in mediation. You can resolve matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and manage its rate. You won’t have to wait months for the next date as can happen in a court process, and equally you can guarantee you each have enough time to look at monetary disclosure and review ideas made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce similar arrangements or has actually disliked the subtlety of why a particular tip might 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 interaction and a continuous co-parenting relationship.
mediation is a personal and personal procedure which implies that parties are motivated to be open about choices they want to think about. This usually leads to parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is likewise 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 choosing the number of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the procedure and make sure that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an indispensable method of solving family disagreements efficiently and agreeably and it must be something that is motivated all year.