A neutral third party who is trained to act as a mediator works with a couple to assist them in achieving a consensus about the issues of a more practical nature that they need to address according to a schedule that the pair has created for themselves. This process is known as mediation. Leeds Mediation Service
What do you consider to be the most essential components of successfully reconciling family disputes?
The following is a list of the key aspects that are included in family mediation:
The parties are not obligated to continue participating in the mediation process if they do not like to do so; however, they are able to withdraw from it at any moment. Because participation in the mediation process is entirely voluntary, neither party is compelled to proceed with the process if they do not choose to do so.
The mediator does not bear the ultimate responsibility for decision-making; rather, that responsibility is with the couple. In order to aid the couple in deciding the solution that is most suited for them, it is the role of the mediator to not only manage the session, but also to collect information, identify choices, and weigh each of the options from the perspective of each of them.
The mediator is able to deliver information that is neutral and unbiased, much like the kind of information that may be found in a textbook. The mediator does not provide legal counsel to either of the parties involved in the mediation; however, they are able to make both parties aware of the necessity of seeking independent counsel if the proposals that are being discussed within the mediation do not fall within the normal range of outcomes that the mediator would expect to be approved by a court.
Because the parties are confident that the mediator will not report their conversations to the court in the event that the mediation fails due to the approach to confidentiality that was set out in the agreement to mediate, they are free to discuss their positions in an open and honest manner during the course of the family mediation. The mediation process for families is private (which both parties and the mediator sign). It will be clearly acknowledged as part of the mediation agreement that will be signed before the process begins that neither party will call the mediator to give evidence nor will they produce their notes. This agreement is comparable to the strict confidentiality that a therapist must uphold with relation to the sessions that they have with a client.
This is subject to the proviso that in the event that there is any suggestion of harm to any child or adult, the mediator, along with other professionals working in this area, has an overriding safeguarding duty to protect the vulnerable and draw the attention of any risk to the appropriate protective authorities. This is also dependent on the court ordering the revelation of any material; nevertheless, the court will be aware of the fundamental need of keeping secrecy as an essential component of the process since it is an essential component.
There is a difference between an open “Financial Summary” containing financial information (which is open and can be produced to third parties like the court) and a “Memorandum of Understanding” containing the outcome proposals which are the result of negotiations conducted in the mediation, as opposed to details of the negotiations themselves.
This distinction is made because an open “Financial Summary” contains financial information (which is open and can be produced to third parties like the court) (which are without prejudice, which will nevertheless be shared with any lawyer acting for each of the parties, but who has not been tasked with representing either party in the mediation).
During the course of the mediation process, a “Working Document” that will be referred to as a “Interim Summary” may also be prepared. This so-called “Interim Summary” might be presented in any one of the following ways.
In respect to the Financial Summary, the mediator will develop a schedule of assets and some choices together with net-effect schedules to review with the parties while the mediation is in progress. This will take place during the discussion of the Financial Summary.
The parties will next evaluate which of the available options is likely to be the most suitable for them, and they will negotiate the parameters of that choice in an effort to reach a settlement that is acceptable to both of them. During the course of the mediation, the mediator will compile a schedule of the parties’ assets, a list of the options that are available to them, and a schedule that details the net effects of any decisions that are made.
The parties investigate a wide variety of potential outcomes under the question “What if?” and “reality test” each possibility to evaluate whether or not it is realisable for both of them.
In a mediation, there is no agreement that is legally binding; instead, the mediator will set out the proposals that have been identified by the parties in a Memorandum of Understanding, which will then be released to the parties’ solicitors so that they can prepare a consent order if a full agreement has been reached after seeking legal advice. UKFMS Maidstone
Cooperation with third parties from outside the organisation If both parties are in agreement and wish to hire a third party who is a trusted advisor to both of them and who can assist by providing information that is objective, then both parties are free to do so in the case that both parties are in agreement.
This might be the case, for example, if both parties have utilised the services of a trustworthy independent financial consultant who is able to not only supply information but also assist in the process of thinking through the implications of any decisions that have been discussed on an objective basis. This would make it easier to think through the implications of any decisions that have been discussed on an objective basis.
What are the advantages of utilising the services of a mediator to assist in the resolution of family disputes?
The parties are at liberty to proceed through the mediation process at whatever pace works best for them individually. Some people have the mentality that they want to talk through the problems together over the course of numerous sessions, while others have the perspective that they want to go through the process as quickly as possible. Others may prefer to get through the process as quickly as possible. The mediator will provide the parties the opportunity to debate pacing and figure out an appropriate number of sessions to have and when those sessions should take place within a particular timeframe.
This will allow the parties to determine an acceptable number of sessions to have. Many people feel that going to mediation as an alternative to going to court is much more civilised than going to court. The conflicting parties have reached an agreement, with the assistance of a mediator, to work together in order to produce ideas and potential solutions to the issue.
They will provide the subject in an open and honest way, making it possible for the two of them to have a comprehensive understanding of what is being discussed. A careful investigation of the disclosure will be carried out by the mediator in order to locate any gaps in the information or inconsistencies. It is not fair to think that disclosure will be less stringent than normal because the parties are participating in mediation; this is the case for several reasons.
If anything, mediation makes it simpler for the parties to request as much or as little disclosure as they desire, given that they obtain appropriate information of their financial condition. Mediation can also help parties resolve disputes more quickly.
When compared to the costs of the other possible process options, mediation often has a lower overall cost. However, in many instances, a financially stronger party may be ready to pay for the sessions without this in any way compromising the mediator’s capacity to remain impartial. The mediator’s hourly rate is, in essence, split in half.
One and a half hours is the standard amount of time that most sessions are scheduled for. However, there are extra costs outside of the mediation process that need to be accounted in both the preparation for the sessions and the writing up of the outcomes. These costs need to be taken into consideration. These expenditures include items such as considering disclosure, establishing asset schedules, and preparing net-effect schedules. Separate costs for the solicitors representing the parties outside of the process are also included in this category of costs.
Instead of relying on the opinion of a third party, such as a judge, arbitrator, or even a lawyer, the decision is made based on what the couple themselves considers to be fair to each of them individually as well as to each other. This is done rather than relying on the opinion of a third party, such as a judge, arbitrator, or even a lawyer.
This means that even though there is normally a cost and an advantage associated with the scenario for each of them, they view the outcome as balanced despite the fact that there is a perception that there is a cost and a benefit associated with the situation.
As a consequence of this, both parties should have the experience that they have been heard and that their needs have been taken into consideration in any resolution. As a result of this, it should be simpler for them to emotionally accept the outcome rather than having it imposed on them.