Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, analyze the key benefits of mediation and other techniques of conflict resolution as a way of resolving the useful plans following separation.
The family mediation procedure
mediation generally starts 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 separately with them whether there are any problems which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is often called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and describe a little more about the mediation procedure. The preliminary meetings are confidential and so the material will not be discussed with the other party.
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Contract to Moderate type, handle any interim or pushing concerns and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will normally include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case an agreement is reached, the mediator can tape-record the relevant details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total 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 parents wish to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal suggestions on it. Once this has actually occurred, among the celebration’s lawyers 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 number of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will consider any problems which might make mediation unsuitable or challenging. The advantages include:
- The mediator will motivate the parties to set the agenda and verify what they want to cover in mediation. You can address matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time between sessions and manage its rate. You won’t need to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have adequate time to collect monetary disclosure and review recommendations made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a particular idea might be much better.
When a decision 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 an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and private procedure which suggests that parties are motivated to be open about alternatives they wish to consider. This usually leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the program and choosing the number of sessions you have, parties have far more control over the procedure than when they are part of court procedures. The mediator will also guarantee and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can supply an important way of fixing family disputes successfully and agreeably and it should be something that is encouraged all year.