Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, take a look at the essential benefits of mediation and other methods of conflict resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
Very first call
mediation normally begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and think about independently with them whether there are any problems which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is frequently called a Mediation Details Assessment Meeting (MIAM)) to talk about the background briefly and describe a little more about the mediation process. The preliminary conferences are private therefore the material will not be discussed with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Moderate type, deal with any interim or pushing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend on the problems the parties wish to cover however this will normally include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape-record the relevant info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding till the parties have actually had independent legal guidance on it. Once this has actually taken place, among the celebration’s legal representatives will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation process, a few of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own lawyer will think about any problems which may make mediation unsuitable or tough. The advantages consist of:
- The mediator will encourage the parties to set the agenda and validate what they want to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time between sessions and handle its rate. You will not have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have sufficient time to collate financial disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court enforced decisions where the judge might not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a particular idea might be 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 communication and a continuous co-parenting relationship.
mediation is a confidential and personal process which means that parties are motivated to be open about choices they want to think about. This typically results in 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.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the variety of sessions you have, parties have far more control over the procedure than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will likewise handle the process and guarantee that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an indispensable way of solving family disputes efficiently and amicably and it ought to be something that is motivated all year.