Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blog sites, take a look at the essential benefits of mediation and other approaches of dispute resolution as a way of resolving the useful arrangements following separation.
The family mediation procedure
mediation generally 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 procedure and think about independently with them whether there are any problems which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party individually (this is often called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and explain a little more about the mediation process. The initial conferences are private and so 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 arrange a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate form, deal with any interim or pressing problems and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover however this will typically involve conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the relevant info and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have actually had independent legal suggestions on it. When this has happened, one of the celebration’s legal representatives will usually 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 process, some of which are set out listed below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will think about any issues which may make mediation tough or unsuitable. The benefits include:
- The mediator will encourage the parties to set the agenda and validate what they wish to cover in mediation. You can address matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time in between sessions and manage its rate. You will not have to wait months for the next date as can happen in a court process, and equally you can guarantee you each have enough time to collect monetary disclosure and review recommendations made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has disliked the subtlety of why a particular idea might be better.
a mediator’s function is to facilitate a dialogue in between the parties and encourage suggestions about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote interaction and a continuous co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and confidential procedure which suggests that parties are encouraged to be open about alternatives they want to think about. This typically leads to parties making suggestions 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.
- Costs and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have far more control over the process than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise manage the process and make sure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an indispensable way of solving family disagreements efficiently and amicably and it need to be something that is motivated all year.