Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, take a look at the crucial benefits of mediation and other methods of conflict resolution as a method of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation normally starts 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 consider independently with them whether there are any issues which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The initial conferences are personal therefore the content will not be talked about with the other celebration.
First joint conference
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties want to cover but this will generally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the pertinent info and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in regard of the daily care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal recommendations on it. Once this has happened, 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 advantages to the mediation process, some of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will consider any concerns which might make mediation challenging or unsuitable. The benefits consist of:
- The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You choose the length of time in between sessions and handle its speed. You will not have to wait months for the next date as can happen in a court process, and equally you can ensure you each have adequate time to collate financial disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a particular idea might be much better.
a mediator’s function is to assist in a dialogue in between the parties and encourage ideas 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 a continuous co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which suggests that parties are motivated to be open about options they want to consider. This usually results in parties making suggestions they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. The mediator will likewise manage the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can provide an invaluable method of resolving family conflicts successfully and agreeably and it should be something that is encouraged all year.