Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blogs, take a look at the key benefits of mediation and other approaches of conflict resolution as a way of fixing the practical plans following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and consider individually with them whether there are any problems which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are personal therefore the material will not be discussed with the other party.
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Mediate type, handle any interim or pressing issues and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover but this will normally include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can record the appropriate details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in regard of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have had independent legal recommendations on it. As soon as this has actually occurred, one of the party’s lawyers will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any concerns which may make mediation difficult or unsuitable. The benefits include:
- The mediator will motivate the parties to set the program and validate what they want to cover in mediation. You can address matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have adequate time to look at monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular idea might be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and private procedure which implies that parties are encouraged to be open about alternatives they wish to think about. This normally leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. The mediator will also manage the procedure and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can supply an important method of solving family conflicts effectively and amicably and it ought to be something that is motivated all year.