Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blogs, analyze the key advantages of mediation and other techniques of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation process
mediation usually starts with the mediator having a short initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider individually with them whether there are any issues which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party separately (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The preliminary meetings are private therefore the content 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 meeting is utilized to go through the Contract to Mediate form, deal with any interim or pressing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties wish to cover however this will generally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the relevant details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding up until the parties have actually had independent legal guidance on it. Once this has actually occurred, 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 benefits of family mediation
There are a variety of benefits to the mediation process, some of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any issues which might make mediation tough or inappropriate. The benefits include:
- The mediator will encourage the parties to set the agenda and confirm what they want to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and manage its speed. You will not need to wait months for the next date as can occur in a court process, and equally you can guarantee you each have enough time to collect financial disclosure and review tips made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce similar plans or has actually not appreciated the subtlety of why a particular tip might be much better.
a mediator’s function is to help with a dialogue in between the parties and motivate recommendations about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private procedure which suggests that parties are encouraged to be open about choices they wish to think about. This normally results in parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will also manage the procedure and guarantee that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide an indispensable way of fixing family disputes effectively and amicably and it need to be something that is encouraged all year.