Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, examine the crucial benefits of mediation and other techniques of conflict resolution as a way of fixing the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider separately with them whether there are any problems which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are confidential and so the material will not be gone over with the other celebration.
following the private conferences, if the parties wish 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 kind, handle any interim or pushing issues and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the issues the parties want to cover but this will usually include discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any arrangement reached in mediation is not legally binding until the parties have had independent legal suggestions on it. As soon as this has occurred, one of the party’s legal representatives will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will consider any concerns which may make mediation hard or unsuitable. The benefits consist of:
- The mediator will encourage the parties to set the agenda and validate what they want to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and handle its pace. You will not need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to collate financial disclosure and review suggestions made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court enforced choices where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a particular recommendation 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 created to promote interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and private process which means that parties are motivated to be open about options they want to consider. This normally results in parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. 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 proceedings. The mediator will likewise make sure and handle 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 proper cases it can offer a vital method of fixing family disputes successfully and agreeably and it need to be something that is encouraged all year.