Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historic blog sites, take a look at the crucial benefits of mediation and other techniques of conflict resolution as a way of solving the practical plans following separation.
The family mediation procedure
Very first call
mediation usually begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about independently with them whether there are any problems which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party separately (this is often called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are private and so the content will not be talked about with the other party.
First joint conference
following the private meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate form, deal with any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties wish to cover however this will generally involve conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the relevant information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the day to day care of their children.
Any agreement reached in mediation is not legally binding till the parties have actually had independent legal advice on it. Once this has actually taken place, one of the celebration’s attorneys 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 number of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will think about any issues which may make mediation difficult or unsuitable. The advantages include:
- The mediator will motivate the parties to set the agenda and validate what they wish to cover in mediation. You can address matters important 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 practical to you and the mediator. You choose the length of time between sessions and handle its rate. You will not need to wait months for the next date as can take place in a court process, and equally you can guarantee you each have enough time to collect monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific suggestion might be much better.
When a decision 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 confidential and personal process which implies that parties are motivated to be open about alternatives they wish to consider. This generally leads to parties making suggestions they would be reluctant to make in court procedures. For high profile clients, 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 program and choosing the variety of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. The mediator will also manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can provide an indispensable way of fixing family disputes efficiently and amicably and it should be something that is motivated all year.