Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blog sites, examine the essential benefits of mediation and other approaches of dispute resolution as a way of solving the practical plans following separation.
The family mediation procedure
mediation typically begins with the mediator having a short initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider individually with them whether there are any problems which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Fulfilling (MIAM)) to discuss the background briefly and describe a little more about the mediation procedure. The preliminary conferences are confidential and so the material will not be gone over with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate kind, deal with any interim or pressing problems and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the problems the parties wish to cover but this will typically involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can tape the pertinent info and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents want to record in respect 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 advice on it. As soon as this has actually occurred, among the celebration’s legal representatives 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any concerns which may make mediation difficult or unsuitable. The advantages consist of:
- The mediator will motivate the parties to set the agenda and confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You pick the length of time in between sessions and manage its pace. You will not have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have adequate time to collate financial disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court enforced decisions where the judge might not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a specific suggestion might be better.
a mediator’s role is to assist in a dialogue between the parties and motivate tips about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stick to 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.
- Personal privacy
mediation is a personal and confidential procedure which suggests that parties are encouraged to be open about choices they wish to consider. This generally results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will likewise handle the process and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can provide a vital way of resolving family conflicts efficiently and agreeably and it must be something that is encouraged all year.