Today marks the end of family mediation week. In this blog we summarise the mediation process and, as considered in our historic blog sites, analyze the crucial advantages of mediation and other approaches of conflict resolution as a way of solving the useful plans following separation.
The family mediation procedure
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 procedure and consider 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 meeting with each party separately (this is typically called a Mediation Information Assessment Meeting (MIAM)) to talk about the background briefly and describe a bit more about the mediation process. The preliminary conferences are private therefore the material will not be gone over with the other party.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Arrangement to Mediate kind, deal with any interim or pushing concerns and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will generally include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an arrangement is reached, the mediator can tape-record the pertinent information and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal advice on it. As soon as this has occurred, among the celebration’s legal representatives will usually 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 variety of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any problems which might make mediation hard or inappropriate. The advantages consist of:
- The mediator will motivate the parties to set the program and validate what they want to cover in mediation. You can address matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and handle its pace. You will not have to wait months for the next date as can take place in a court process, and equally you can ensure you each have sufficient time to look at financial disclosure and review suggestions made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable plans or has disliked the subtlety of why a specific recommendation might be much better.
a mediator’s role is to assist in a discussion in between the parties and motivate recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which indicates that parties are motivated to be open about choices they want to think about. This normally leads to parties making suggestions 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
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the process than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will also handle the procedure and make sure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can offer an important method of dealing with family conflicts successfully and agreeably and it need to be something that is motivated all year.