Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blogs, examine the crucial advantages of mediation and other methods of disagreement resolution as a method of fixing the practical plans following separation.
The family mediation process
mediation generally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and think about separately with them whether there are any problems which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party separately (this is frequently called a Mediation Information Evaluation Fulfilling (MIAM)) to talk about the background briefly and discuss a bit more about the mediation process. The initial conferences are private therefore the material will not be talked about with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first meeting is utilized to go through the Contract to Mediate kind, handle any interim or pressing problems and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the issues the parties want 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 exploration of possible financial settlement.
In case an arrangement is reached, the mediator can tape the appropriate information and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal advice on it. Once this has happened, among the celebration’s attorneys will typically 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 number of advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will consider any concerns which may make mediation inappropriate or challenging. The benefits consist of:
- The mediator will encourage the parties to set the agenda and validate what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time between sessions and handle its speed. 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 sufficient time to collate monetary disclosure and assess recommendations made.
- Decisions 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 arrangements or has disliked the subtlety of why a specific suggestion may be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and personal process which means that parties are encouraged to be open about options they want to think about. This normally leads to parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the number of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will likewise manage 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 appropriate cases it can provide an indispensable way of resolving family conflicts effectively and amicably and it should be something that is encouraged all year.