Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blog sites, analyze the crucial advantages of mediation and other approaches of dispute resolution as a method of solving the useful plans following separation.
The family mediation process
mediation usually starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider independently with them whether there are any concerns which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a bit more about the mediation procedure. The preliminary conferences are private and so the content will not be gone over with the other party.
First joint conference
following the private meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Arrangement to Mediate type, handle any interim or pushing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties want to cover but this will generally involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an arrangement is reached, the mediator can record the relevant details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. As soon as this has occurred, among the party’s attorneys will normally 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 variety of benefits to the mediation process, a few 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 may make mediation inappropriate or hard. The benefits consist of:
- The mediator will motivate the parties to set the program and validate what they wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time in between sessions and manage its rate. You will not have to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have enough time to look at financial disclosure and reflect on suggestions made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a specific suggestion may 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 developed to promote interaction and an ongoing co-parenting relationship.
mediation is a private and private procedure which suggests that parties are encouraged to be open about choices they want to consider. This usually results in parties making recommendations they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and picking the variety of sessions you have, parties have far more control over the process than when they become part of court proceedings. The mediator will likewise manage the process and guarantee that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can provide an invaluable way of resolving family conflicts efficiently and amicably and it need to be something that is motivated all year.