Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other methods of dispute resolution as a method of resolving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about independently with them whether there are any concerns which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is frequently called a Mediation Information Assessment Satisfying (MIAM)) to talk about the background briefly and describe a little more about the mediation process. The preliminary meetings are personal therefore the content will not be discussed with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate type, deal with any interim or pushing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties want to cover but this will typically involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that a contract is reached, the mediator can record the pertinent details and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans 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 arrangement reached in mediation is not lawfully binding up until the parties have had independent legal recommendations on it. As soon as this has actually taken place, one of the party’s legal representatives will typically 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 number 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 consider any concerns which might make mediation difficult or unsuitable. The advantages include:
- The mediator will encourage the parties to set the program and validate what they want to cover in mediation. You can deal with matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You select the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have adequate time to collate monetary disclosure and review recommendations made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has not appreciated the subtlety of why a particular idea might be much better.
When a choice 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 a continuous co-parenting relationship.
mediation is a personal and private procedure which means that parties are encouraged to be open about alternatives they wish to think about. This normally leads to parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the program and choosing the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise manage the procedure and make sure that mediation does not continue.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can offer a vital method of fixing family disagreements efficiently and amicably and it must be something that is motivated all year.