Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blog sites, analyze the key advantages of mediation and other techniques of disagreement resolution as a way of dealing with the practical plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about individually with them whether there are any problems which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Details Assessment Meeting (MIAM)) to go over the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are confidential and so the material will not be gone over with the other party.
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Agreement to Moderate form, handle any interim or pushing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the issues the parties wish to cover but this will generally include discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In case a contract is reached, the mediator can tape-record the appropriate information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in regard of the daily care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. When 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 advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will consider any issues which may make mediation challenging or unsuitable. The benefits consist of:
- The mediator will encourage the parties to set the program and confirm what they want to cover in mediation. You can attend to 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 location convenient to you and the mediator. You choose the length of time between sessions and manage its pace. You will not need to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have sufficient time to collate monetary disclosure and review tips made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court imposed choices where the judge might not have the power to enforce similar plans or has actually 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 interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and private procedure which implies that parties are motivated to be open about alternatives they wish to think about. This usually leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have a lot more control over the procedure than when they become part of court procedures. The mediator will also guarantee and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital method of dealing with family disagreements successfully and agreeably and it should be something that is motivated all year.