Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historic blog sites, analyze the key advantages of mediation and other approaches of dispute resolution as a way of dealing with the useful plans 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 consider separately with them whether there are any issues which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The initial conferences are private therefore the content will not be discussed with the other party.
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Agreement to Moderate form, handle any interim or pressing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend on the issues the parties wish to cover however this will normally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an agreement is reached, the mediator can tape-record the appropriate info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in regard of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have had independent legal advice on it. When this has actually happened, among the celebration’s attorneys will normally 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 variety of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will consider any problems which may make mediation hard or inappropriate. The advantages include:
- The mediator will motivate the parties to set the program and validate what they want to cover in mediation. You can deal with matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick the length of time between sessions and handle its speed. You won’t have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have sufficient time to collate monetary disclosure and reflect on tips made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a particular idea might be better.
a mediator’s role is to help with a dialogue between the parties and motivate ideas about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote communication and an ongoing co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which suggests that parties are motivated to be open about options they wish to consider. This usually results in parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have much more control over the process than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will also make sure and handle the procedure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in proper cases it can provide an indispensable way of dealing with family disagreements effectively and agreeably and it must be something that is motivated all year.