Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blog sites, analyze the crucial benefits of mediation and other methods of disagreement resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and think about independently with them whether there are any issues which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and discuss a little bit more about the mediation procedure. The initial conferences are private therefore the material will not be talked about with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Moderate kind, deal with any interim or pushing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend upon 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 financial settlement.
In case a contract is reached, the mediator can tape the appropriate details and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to document in regard of the everyday care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal guidance on it. As soon as this has actually occurred, one of the party’s lawyers will normally 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 number of benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will consider any problems which might make mediation challenging or inappropriate. The benefits consist of:
- The mediator will motivate the parties to set the agenda and verify what they wish to cover in mediation. You can deal with matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time between sessions and handle its pace. You will not need to wait months for the next date as can occur in a court process, and similarly you can guarantee you each have sufficient time to look at monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a particular idea might be much better.
When a decision 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.
- Personal privacy
mediation is a private and personal procedure which indicates that parties are motivated to be open about alternatives they wish to consider. This typically leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the agenda and choosing the number of sessions you have, parties have far more control over the process than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will likewise make sure and handle the process that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can offer an invaluable way of resolving family disputes successfully and amicably and it should be something that is encouraged all year.