Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historic blogs, examine the key advantages of mediation and other approaches of conflict resolution as a method of solving the practical arrangements following separation.
The family mediation process
mediation generally starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and think about individually with them whether there are any problems which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to talk about the background briefly and describe a bit more about the mediation procedure. The preliminary conferences are private therefore the content will not be gone over with the other celebration.
First joint conference
following the specific 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 Agreement to Moderate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties want to cover but this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can record the appropriate details and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. Once this has actually taken place, among the party’s attorneys will typically 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, some of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own solicitor will think about any problems which might make mediation unsuitable or tough. The benefits include:
- The mediator will motivate the parties to set the program and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time between sessions and handle its speed. You won’t need to wait months for the next date as can occur in a court process, and equally you can guarantee you each have sufficient time to collate monetary disclosure and assess ideas made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has not appreciated the subtlety of why a particular recommendation might be much better.
When a choice 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 communication and an ongoing co-parenting relationship.
mediation is a confidential and personal process which indicates that parties are motivated to be open about choices they wish to think about. This generally leads to parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. The mediator will likewise ensure and handle the process 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 proper cases it can offer an invaluable way of solving family disagreements successfully and agreeably and it must be something that is motivated all year.