Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, take a look at the key advantages of mediation and other approaches of conflict resolution as a way of solving the practical plans following separation.
The family mediation process
Very first call
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about individually with them whether there are any issues which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party separately (this is often called a Mediation Info Evaluation Meeting (MIAM)) to go over the background briefly and discuss a little bit more about the mediation process. The preliminary meetings are personal and so the content will not be discussed with the other party.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Contract to Moderate kind, handle any interim or pushing issues and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend upon the problems the parties wish to cover however this will generally involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the appropriate info and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding till the parties have actually had independent legal guidance on it. Once this has actually taken place, among the party’s attorneys will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everyone and the mediator and a celebration’s own lawyer will consider any issues which might make mediation unsuitable or hard. The advantages consist of:
- The mediator will encourage the parties to set the program and validate what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You select the length of time between sessions and handle its rate. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have sufficient time to look at monetary disclosure and review ideas made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has actually not appreciated 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 private and personal procedure which suggests that parties are encouraged to be open about alternatives they want to consider. This generally results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and choosing the number of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will also ensure and manage the procedure that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of resolving family disagreements successfully and agreeably and it ought to be something that is encouraged all year.