Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blogs, analyze the essential advantages of mediation and other methods of dispute resolution as a method of resolving the practical plans following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and think about individually with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Details Assessment Meeting (MIAM)) to go over the background briefly and describe a little more about the mediation process. The preliminary meetings are personal therefore the material will not be discussed with the other party.
following the individual conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate form, handle any interim or pushing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend on the problems the parties wish to cover but this will generally involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can tape the appropriate info 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 Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. Once 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 advantages of family mediation
There are a variety of advantages to the mediation process, a few of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any issues which might make mediation inappropriate or challenging. The benefits include:
- The mediator will motivate the parties to set the agenda and verify what they wish to cover in mediation. You can deal with 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 hassle-free to you and the mediator. You choose the length of time between sessions and manage its pace. You won’t have to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have adequate time to collate financial disclosure and review tips made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court imposed decisions where the judge may not have the power to enforce similar plans or has actually disliked the subtlety of why a specific suggestion may 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 a continuous co-parenting relationship.
mediation is a confidential and private process which indicates that parties are encouraged to be open about options they wish to think about. This usually results in parties making tips they would hesitate to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the process than when they belong to court proceedings. The mediator will likewise manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in suitable cases it can supply an important way of solving family disagreements successfully and agreeably and it should be something that is motivated all year.