Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historic blogs, examine the crucial benefits of mediation and other techniques of conflict resolution as a way of solving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about individually with them whether there are any issues which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party independently (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and explain a little bit more about the mediation procedure. The initial conferences are confidential and so the content will not be talked about with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate form, deal with any interim or pressing problems and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend on the issues the parties want to cover however this will normally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can record the relevant information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to document 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 recommendations on it. Once this has actually taken place, one of the celebration’s legal representatives 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will think about any problems which may make mediation inappropriate or hard. The benefits include:
- The mediator will encourage the parties to set the program and validate what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and handle its rate. You won’t have to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have enough time to collect monetary disclosure and review tips made.
- Decisions reached in mediation can be customized to suit your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a particular tip may be much better.
a mediator’s role is to facilitate a discussion in 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 stay with it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is especially crucial for moms and dads 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 motivated to be open about options they wish to think about. This typically results in parties making tips they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will likewise handle the process and make sure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can supply an invaluable way of solving family disputes effectively and agreeably and it should be something that is encouraged all year.