Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blog sites, take a look at the key benefits of mediation and other techniques of disagreement resolution as a method of resolving the practical plans following separation.
The family mediation process
mediation usually begins 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 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 often called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The initial meetings are private therefore the material will not be gone over with the other party.
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate form, handle any interim or pressing problems and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties want to cover but this will normally include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the appropriate details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
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 proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal guidance on it. When this has actually 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 advantages 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 everybody and the mediator and a party’s own lawyer will consider any issues which may make mediation tough or unsuitable. The advantages consist of:
- The mediator will encourage the parties to set the agenda and verify what they want to cover in mediation. You can deal with matters crucial 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 convenient to you and the mediator. You pick the length of time between sessions and handle its pace. You won’t need to wait months for the next date as can happen in a court procedure, and similarly you can ensure you each have sufficient time to collate monetary disclosure and review ideas made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a particular idea may be better.
a mediator’s role is to assist in a dialogue in between the parties and encourage ideas 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 especially important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and private procedure which suggests that parties are motivated to be open about options they want to consider. This usually leads to parties making recommendations 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
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and choosing the variety 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 ensure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important method of resolving family conflicts efficiently and amicably and it should be something that is encouraged all year.