Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blog sites, analyze the crucial advantages of mediation and other techniques of conflict resolution as a way of fixing the useful arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about individually with them whether there are any concerns which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a bit more about the mediation process. The preliminary meetings are private and so the material will not be gone over with the other party.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first conference is used to go through the Arrangement to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties want to cover however 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.
On the occasion that a contract is reached, the mediator can record the appropriate information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in respect of the daily care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal suggestions on it. As soon as this has actually happened, among the celebration’s legal representatives 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 benefits to the mediation procedure, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own solicitor will consider any issues which may make mediation inappropriate or hard. The advantages include:
- The mediator will motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can deal with matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have adequate time to look at financial disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar plans or has not appreciated the subtlety of why a specific idea might be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and a continuous co-parenting relationship.
mediation is a personal and personal process which suggests that parties are motivated to be open about choices they want to consider. This generally leads to parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will also handle the process and guarantee that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply a vital way of fixing family conflicts efficiently and amicably and it ought to be something that is encouraged all year.