Today marks the end of family mediation week. In this blog we summarise the mediation process and, as considered in our historical blog sites, analyze the essential advantages of mediation and other methods of dispute resolution as a method of resolving the useful plans following separation.
The family mediation procedure
mediation normally starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and consider independently with them whether there are any issues which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The preliminary meetings are personal therefore the content will not be gone over with the other party.
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Arrangement to Mediate form, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the concerns the parties want to cover but this will usually involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can tape the relevant details and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall 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 day to day care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have actually had independent legal suggestions on it. When this has occurred, one of the celebration’s legal representatives will generally 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own lawyer will think about any issues which might make mediation difficult or unsuitable. The advantages include:
- The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time in between sessions and handle its pace. 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 adequate time to collate financial disclosure and review ideas made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court imposed decisions where the judge might not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific recommendation might be much better.
a mediator’s function is to facilitate a discussion between the parties and encourage ideas about the result. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and confidential process which suggests that parties are encouraged to be open about alternatives they wish to consider. This usually leads to parties making suggestions they would hesitate 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
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 belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the process and guarantee that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable way of dealing with family disagreements effectively and agreeably and it should be something that is motivated all year.