Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blog sites, examine the key benefits of mediation and other methods of dispute resolution as a way of fixing the practical plans following separation.
The family mediation process
mediation typically starts with the mediator having a short initial 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 issues which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each party separately (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little more about the mediation process. The initial conferences are confidential and so the material will not be talked about with the other celebration.
First joint meeting
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate form, deal with any interim or pushing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties wish 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 expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape the appropriate details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. As soon as this has happened, among the party’s lawyers 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 number of advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own lawyer will consider any issues which might make mediation challenging or inappropriate. The benefits include:
- The mediator will encourage the parties to set the agenda and confirm what they want to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You select the length of time 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 guarantee you each have adequate time to collate financial disclosure and assess suggestions made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court enforced choices where the judge might not have the power to impose comparable arrangements or has disliked the subtlety of why a specific tip may be much better.
a mediator’s role is to facilitate a discussion in between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote communication and an ongoing 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.
- Personal privacy
mediation is a private and personal procedure which indicates that parties are motivated to be open about choices they wish to think about. This generally leads to parties making suggestions they would be reluctant to make in court procedures. For high profile clients, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. The mediator will likewise ensure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an important way of solving family disputes effectively and amicably and it need to be something that is encouraged all year.