Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blog sites, analyze the key benefits of mediation and other techniques of conflict resolution as a way of fixing the practical arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and consider separately with them whether there are any problems which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation procedure. The initial conferences are confidential and so the content will not be gone over with the other celebration.
First joint meeting
following the private conferences, 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 Mediate form, deal with any interim or pressing problems and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties want to cover however this will generally include conversation 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 arrangement is reached, the mediator can tape-record the appropriate details and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial 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 choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to document in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal guidance on it. As soon as this has taken place, one of the celebration’s legal representatives will normally 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 number of advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and a celebration and the mediator’s own lawyer will consider any problems which might make mediation inappropriate or hard. The advantages consist of:
- The mediator will encourage the parties to set the agenda and verify what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You select the length of time between sessions and handle its speed. You won’t need to wait months for the next date as can happen in a court process, and similarly you can ensure you each have enough time to collate monetary disclosure and assess suggestions made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge may not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a particular suggestion 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 private and personal process which indicates that parties are motivated to be open about options they want to think about. This normally leads to parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will also handle the procedure and make sure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can offer an invaluable method of solving family disputes efficiently and agreeably and it should be something that is encouraged all year.