Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blog sites, analyze the key benefits of mediation and other approaches of conflict resolution as a method of solving the useful 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 speak to the parties about the mediation process and think about separately with them whether there are any problems which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is often called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and explain a little bit more about the mediation process. The preliminary conferences are confidential therefore the material will not be talked about with the other party.
First joint meeting
following the individual conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Contract to Moderate type, deal with any interim or pushing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the issues the parties wish to cover but this will usually involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape-record the appropriate info and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. When this has actually happened, one of the celebration’s attorneys 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 listed below. Mediation is not right for everyone and the mediator and a celebration’s own lawyer will think about any problems which might make mediation hard or unsuitable. The benefits consist of:
- The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can address matters essential to your own family and those which might 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 pick the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can happen in a court process, and similarly you can ensure you each have adequate time to look at monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court enforced choices where the judge may not have the power to impose comparable plans or has disliked the subtlety of why a particular idea may be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a private and confidential procedure which means that parties are motivated to be open about alternatives they wish to think about. This generally leads to parties making tips they would hesitate to make in court procedures. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the program and selecting the number of sessions you have, parties have much more control over the process than when they become part of court procedures. The mediator will likewise manage the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital method of dealing with family conflicts efficiently and agreeably and it should be something that is encouraged all year.