Today marks completion of family mediation week. In this blog we summarise the mediation process and, as considered in our historical blog sites, take a look at the key benefits of mediation and other techniques of conflict resolution as a method of resolving the practical arrangements following separation.
The family mediation procedure
mediation typically begins 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 separately with them whether there are any problems which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party individually (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The preliminary conferences are private therefore the content will not be gone over with the other celebration.
First joint meeting
following the individual conferences, if the parties want 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 Mediate kind, deal with any interim or pushing issues and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties want to cover however this will usually include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the pertinent information and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal recommendations on it. Once this has happened, among the party’s lawyers will typically 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 variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will think about any issues which might make mediation difficult or unsuitable. The advantages consist of:
- The mediator will motivate the parties to set the agenda and validate what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and manage its speed. You will not have to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have adequate time to look at financial disclosure and reflect on tips made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has actually not appreciated the subtlety of why a specific idea 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 created to promote interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a confidential and private procedure which suggests that parties are encouraged to be open about choices they want to consider. This usually leads to parties making recommendations 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 general public eye.
- Costs and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the agenda and selecting the number of sessions you have, parties have far more control over the procedure than when they are part of court procedures. The mediator will likewise manage the process and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can offer an invaluable method of fixing family disagreements successfully and amicably and it need to be something that is motivated all year.