Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blogs, analyze the key advantages of mediation and other techniques of conflict resolution as a way of dealing with the practical plans following separation.
The family mediation procedure
Very first call
mediation typically begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and think about separately with them whether there are any issues which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is frequently called a Mediation Info Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation procedure. The preliminary meetings are personal and so the content will not be gone over with the other celebration.
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Moderate type, handle any interim or pressing issues and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend on the problems the parties wish to cover however this will usually include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the relevant details and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in regard of the day to day care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have actually had independent legal recommendations on it. As soon as this has occurred, one of the party’s lawyers will normally turn the Memorandum of Understanding 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, some of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will think about any concerns which might make mediation tough or inappropriate. The advantages consist of:
- The mediator will motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You choose the length of time between sessions and manage its speed. You will not need to wait months for the next date as can take place in a court process, and equally you can guarantee you each have sufficient time to collate financial disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge may not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular recommendation may be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship.
mediation is a personal and personal procedure which suggests that parties are encouraged to be open about choices they wish to think about. This normally leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will also manage the process and ensure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an important way of dealing with family conflicts successfully and amicably and it ought to be something that is motivated all year.