Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, examine the key advantages of mediation and other approaches of conflict resolution as a way of solving the useful arrangements following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and consider individually with them whether there are any concerns which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is frequently called a Mediation Information Assessment Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The preliminary conferences are private and so the content will not be gone over with the other celebration.
First joint meeting
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Contract to Moderate form, deal with any interim or pushing concerns and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend on the issues the parties wish to cover but this will typically include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape-record the appropriate info and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general 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 want to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have actually had independent legal recommendations on it. Once this has occurred, one of the celebration’s legal representatives will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of benefits to the mediation process, some of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will consider any concerns which might make mediation tough or inappropriate. The advantages consist of:
- The mediator will encourage the parties to set the program and verify 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 location convenient to you and the mediator. You choose the length of time in between sessions and manage its speed. You will not need to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to look at monetary disclosure and assess suggestions made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has disliked the subtlety of why a specific tip might be much better.
When a decision 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 an ongoing co-parenting relationship.
- Personal privacy
mediation is a confidential and personal procedure which indicates that parties are encouraged to be open about alternatives they wish to think about. This usually leads to parties making ideas they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be less expensive and quicker than court proceedings if successful. By setting the agenda and selecting the number of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also ensure and handle the procedure that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an important way of resolving family disputes efficiently and agreeably and it ought to be something that is encouraged all year.