Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, examine the essential benefits of mediation and other techniques of dispute resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
mediation usually begins with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about independently with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and describe a bit more about the mediation process. The preliminary conferences are confidential and so the content will not be talked about with the other celebration.
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate kind, deal with any interim or pushing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend on the problems the parties wish to cover but this will generally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can record the relevant details and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. When this has happened, one of the party’s attorneys will usually 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 advantages 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 might make mediation difficult or inappropriate. The advantages consist of:
- The mediator will encourage the parties to set the agenda and validate 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 scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and handle its pace. You won’t need to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have sufficient time to collate financial disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose similar arrangements or has disliked the subtlety of why a particular suggestion may be much better.
a mediator’s role is to help with a discussion between the parties and motivate ideas about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed 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 personal and personal procedure which suggests that parties are motivated to be open about choices they wish to consider. This typically leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the agenda and picking the number of sessions you have, parties have far 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 manage the procedure and guarantee that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important method of dealing with family disputes effectively and agreeably and it need to be something that is motivated all year.