Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, analyze the crucial advantages of mediation and other methods of disagreement resolution as a method of fixing the practical plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation process and consider independently with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is often called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The initial meetings are personal and so the content will not be discussed with the other celebration.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Arrangement to Mediate type, handle any interim or pushing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend on the concerns the parties want to cover but this will typically include discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can record the appropriate details and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
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 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 lawfully binding up until the parties have actually had independent legal advice on it. As soon as this has actually occurred, among the celebration’s attorneys will generally 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 variety of advantages to the mediation process, some of which are set out below. Mediation is not right for everybody and the mediator and a party’s own lawyer will consider any problems which might make mediation unsuitable or challenging. The advantages consist of:
- The mediator will encourage the parties to set the program and verify what they wish to cover in mediation. You can resolve matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You select the length of time between sessions and manage its speed. You will not need to wait months for the next date as can happen in a court process, and equally you can ensure you each have sufficient time to collect monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge might not have the power to impose similar arrangements or has disliked the subtlety of why a particular tip might be much 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 an ongoing co-parenting relationship.
mediation is a personal and personal procedure which suggests that parties are motivated to be open about options they want to think about. This usually leads to parties making ideas they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda and picking the number of sessions you have, parties have much more control over the procedure than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also ensure and manage the procedure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable method of resolving family disputes efficiently and amicably and it should be something that is encouraged all year.