Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, analyze the crucial benefits of mediation and other techniques of conflict resolution as a way of dealing with the useful arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider separately with them whether there are any concerns which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party individually (this is often called a Mediation Info Evaluation Meeting (MIAM)) to talk about the background briefly and explain a little more about the mediation process. The initial conferences are confidential therefore the material will not be gone over with the other celebration.
First joint conference
following the specific meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Agreement 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 on the issues the parties wish to cover but this will typically involve conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an arrangement is reached, the mediator can record the pertinent info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the daily care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal advice on it. As soon as this has actually happened, among 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 variety of advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any concerns which may make mediation hard or inappropriate. The benefits include:
- The mediator will motivate the parties to set the program and confirm what they want to cover in mediation. You can attend to matters crucial 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 place practical to you and the mediator. You pick the length of time in between sessions and handle its pace. You will not have to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have adequate time to collect financial disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose similar plans or has actually not appreciated the subtlety of why a specific tip might be better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship.
mediation is a private and private procedure which indicates that parties are encouraged to be open about choices they wish to think about. This generally results in parties making tips they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if successful. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will also guarantee and manage the process that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can offer an invaluable way of fixing family conflicts efficiently and agreeably and it ought to be something that is motivated all year.