Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, examine the crucial benefits of mediation and other approaches of disagreement resolution as a method of dealing with the practical arrangements following separation.
The family mediation procedure
mediation typically begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider independently with them whether there are any concerns which would mean that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration independently (this is often called a Mediation Information Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a bit more about the mediation process. The initial meetings are confidential and so the material will not be gone over with the other party.
following the individual conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Contract to Mediate type, handle any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties wish to cover however this will typically include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the pertinent information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
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. When this has actually happened, one of the party’s lawyers will usually 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 variety of advantages 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 think about any concerns which may make mediation challenging or inappropriate. The advantages include:
- The mediator will encourage the parties to set the program and confirm what they wish to cover in mediation. You can address matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time between sessions and handle its pace. You will not need to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have adequate time to look at monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce similar plans or has actually not appreciated the subtlety of why a particular idea may be much better.
a mediator’s role is to help with a dialogue in between the parties and motivate tips 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 communication and a continuous co-parenting relationship. This is especially important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and personal process which means that parties are motivated to be open about choices they wish to think about. This generally leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. 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 proceedings. The mediator will likewise manage the procedure and guarantee that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can offer a vital method of solving family conflicts successfully and agreeably and it should be something that is motivated all year.