Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, take a look at the crucial advantages of mediation and other techniques of dispute resolution as a method of dealing with the useful plans following separation.
The family mediation procedure
mediation typically begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider individually with them whether there are any problems which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and explain a little more about the mediation process. The initial conferences are confidential therefore the material will not be talked about with the other party.
First joint conference
following the private meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Moderate form, handle any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend on the problems the parties wish to cover but this will normally include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can tape the pertinent details and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to record in regard of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have had independent legal suggestions on it. Once this has taken place, among 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 benefits to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will consider any issues which may make mediation inappropriate or difficult. The advantages include:
- The mediator will motivate the parties to set the program and confirm what they wish to cover in mediation. You can deal with matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time in between sessions and handle its pace. You won’t have to wait months for the next date as can take place in a court procedure, and similarly you can ensure you each have sufficient time to collate monetary disclosure and assess suggestions made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has actually disliked the subtlety of why a specific tip may be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and private procedure which implies that parties are motivated to be open about options they wish to think about. This typically leads to parties making recommendations they would be reluctant 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
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and picking the number of sessions you have, parties have far more control over the procedure than when they belong to court proceedings. The mediator will also make sure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can offer an invaluable method of dealing with family disagreements effectively and amicably and it ought to be something that is encouraged all year.