Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, analyze the essential benefits of mediation and other techniques of disagreement resolution as a method of solving the useful arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any issues which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is often called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The initial conferences are personal therefore the content will not be discussed with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Agreement to Mediate type, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend on the issues the parties want to cover however this will generally include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape-record the pertinent details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. When this has occurred, among the party’s lawyers will generally 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 variety of advantages to the mediation process, some of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will think about any problems which might make mediation inappropriate or difficult. The benefits consist of:
- The mediator will encourage the parties to set the program and confirm what they want to cover in mediation. You can deal with 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 practical to you and the mediator. You select the length of time between sessions and manage its speed. You will not have to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have adequate time to look at monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge may not have the power to impose comparable plans or has disliked the subtlety of why a specific tip 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 interaction and an ongoing co-parenting relationship.
mediation is a personal and personal procedure which means that parties are encouraged to be open about options they want to think about. This normally results in parties making tips they would be reluctant to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and picking the number of sessions you have, parties have far more control over the process than when they are part of court proceedings. The mediator will also guarantee and manage the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital method of dealing with family disputes successfully and amicably and it must be something that is motivated all year.