Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation usually starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider separately with them whether there are any concerns which would mean that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a bit more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be gone over with the other party.
First joint meeting
following the private meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate type, deal with any interim or pushing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties wish to cover but this will generally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the relevant details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions 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 regard of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. When this has happened, one of the party’s legal representatives will typically 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 number of benefits to the mediation process, some of which are set out listed below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will consider any concerns which might make mediation unsuitable or difficult. The benefits consist of:
- The mediator will encourage the parties to set the agenda and validate 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 scheduled a time and location convenient to you and the mediator. You select the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have enough time to look at monetary disclosure and reflect on recommendations 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 impose comparable arrangements or has not appreciated the subtlety of why a particular idea may be much better.
a mediator’s role is to assist in a dialogue in between the parties and encourage suggestions about the result. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private process which indicates that parties are encouraged to be open about alternatives they want to think about. This generally leads to parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and picking the number of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will also guarantee and manage the process that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital method of dealing with family disagreements efficiently and agreeably and it ought to be something that is motivated all year.