Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, take a look at the key advantages of mediation and other approaches of conflict resolution as a way of solving the practical plans following separation.
The family mediation process
mediation usually 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 process and think about separately with them whether there are any problems which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and discuss a little bit more about the mediation procedure. The preliminary conferences are private therefore the material will not be discussed with the other party.
First joint meeting
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Moderate type, handle any interim or pushing issues and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover however this will generally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can record the relevant information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding up until the parties have had independent legal recommendations on it. When this has actually occurred, among the celebration’s legal representatives will normally 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, a few of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will think about any issues which may make mediation inappropriate or hard. The benefits include:
- The mediator will motivate the parties to set the program and confirm what they want to cover in mediation. You can attend to matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place hassle-free 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 take place in a court process, and similarly you can guarantee you each have enough time to collect monetary disclosure and assess suggestions made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has disliked the subtlety of why a particular tip may be better.
a mediator’s function is to facilitate a dialogue in between the parties and motivate recommendations about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which suggests that parties are encouraged to be open about choices they wish to consider. 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 cheaper and quicker than court proceedings if successful. By setting the agenda and selecting the number of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. The mediator will also handle the process and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer a vital method of solving family conflicts effectively and agreeably and it ought to be something that is encouraged all year.