Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other methods of dispute resolution as a way of fixing the useful arrangements following separation.
The family mediation process
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about individually with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation process. The initial conferences are private therefore the material will not be discussed with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Contract to Mediate kind, handle any interim or pressing problems and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend on the issues the parties wish to cover but this will usually involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the appropriate info and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to document in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has happened, one of the party’s attorneys will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everybody and the mediator and a party’s own solicitor will consider any problems which might make mediation inappropriate or challenging. The advantages consist of:
- The mediator will motivate the parties to set the agenda and verify what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time in between sessions and handle its pace. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have enough time to look at monetary disclosure and review tips made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular suggestion may be better.
a mediator’s function is to assist in a dialogue between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote communication and a continuous co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and private process which implies that parties are motivated to be open about choices they want to think about. This normally results in parties making ideas they would be reluctant 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.
- Costs and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the program and picking the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. The mediator will likewise make sure and manage the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply a vital way of resolving family conflicts efficiently and amicably and it ought to be something that is motivated all year.