Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, analyze the essential advantages of mediation and other methods of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider independently with them whether there are any issues which would imply that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The preliminary conferences are private and so the material will not be discussed with the other celebration.
following the specific meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Agreement to Mediate kind, deal with any interim or pushing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties want to cover but this will generally involve discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can tape the appropriate info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to document 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 advice on it. As soon as this has actually happened, one of the party’s lawyers will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any problems which might make mediation tough or inappropriate. The advantages include:
- The mediator will encourage the parties to set the program and verify what they want to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You choose the length of time between sessions and handle its speed. You will not have to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to collate monetary disclosure and assess 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 enforce similar arrangements or has disliked the subtlety of why a particular tip might be much better.
a mediator’s function is to assist in a dialogue between the parties and encourage recommendations about the outcome. 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 interaction and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and confidential process which indicates that parties are encouraged to be open about choices they wish to consider. This generally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is also a method 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 program and picking the number of sessions you have, parties have much more control over the procedure than when they become part of court procedures. The mediator will also manage the procedure and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable way of fixing family disagreements successfully and agreeably and it must be something that is encouraged all year.