Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blog sites, take a look at the crucial benefits of mediation and other methods of dispute resolution as a method of resolving the practical plans following separation.
The family mediation procedure
mediation typically starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider separately with them whether there are any concerns which would indicate 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 Details Assessment Meeting (MIAM)) to talk about the background briefly and discuss a bit more about the mediation process. The initial conferences are private therefore the material will not be discussed with the other party.
following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very 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.
Further joint meetings
the focus of future meetings will depend upon the issues the parties wish to cover however this will normally include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the relevant information and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to record in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal guidance on it. When this has actually taken place, one of the celebration’s attorneys will typically turn the Memorandum of Comprehending 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, some of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own lawyer will think about any issues which may make mediation tough or inappropriate. The advantages consist of:
- The mediator will encourage the parties to set the program and confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and manage its rate. You will not have to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have adequate time to look at financial disclosure and review suggestions made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a specific recommendation might be much better.
a mediator’s function is to help with a dialogue between the parties and encourage recommendations about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal procedure which indicates that parties are encouraged to be open about alternatives they want to consider. This usually results in parties making recommendations they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and picking the number of sessions you have, parties have much more control over the procedure than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will also handle the process and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an important method of solving family conflicts successfully and agreeably and it must be something that is motivated all year.