When a mediator works with a couple to help them achieve an agreement on the practical issues they need to address, they do so under the guidance of a predetermined agenda.
Mediation within a family has a number of distinct traits.
Family Mediation Plymstock has a number of distinct aspects, including:
- The parties are not obligated to continue Mediation Plymstock if they choose to do so; they are free to do so at any moment.
- Instead of the mediator making all of the decisions, it is up to the couple to do so. It is the mediator's job to manage the session, gather relevant information, discover possible solutions, and evaluate them in terms of each party's perspective to help the couple come to a decision.
- The mediator can provide information that is free of prejudice, much like a textbook. Neither the mediator nor the parties can provide legal advice to each other, but the mediator can alert both parties to the need for independent counsel if the Mediation Plymstock proposals move beyond the mediator's predicted range of court-approved results.
- As established in the agreement to mediate, conversations between the mediator and the parties are kept strictly secret. If the Mediation Plymstock fails, the mediator will not reveal the parties' conversations to the court (which both parties and the mediator sign). Before beginning mediation, the parties will sign an agreement to mediate that expressly states that the mediator will not be called to testify or reveal their notes, just as a therapist's confidentiality. The mediator, together with other professionals in this sector, have an overwhelming commitment to safeguard the vulnerable and notify the relevant protective authorities if there is any sign that a child or adult is in danger. Of course, this is subject to the court's approval, and the court will understand the significance of maintaining the secret of the proceedings.
- A "Financial Summary" containing financial information (which is open and can be produced to third parties such as the court) and a "Memorandum of Understanding" containing the outcome proposals that are the result of negotiations conducted in the Mediation Plymstock, as opposed to details of the negotiations themselves, are distinguished (which are without prejudice, but will nevertheless be shared with any lawyer acting for each of the parties, but who has no obligation to disclose the information). During the Mediation Plymstock, a "Interim Summary" might be prepared in one of the following forms as a working document.
- After a breakdown of each party's assets, the mediator will develop a list of possible alternatives and their corresponding net-effect timelines, which both parties can study during the Mediation Plymstock to help them decide which option is best for them.
- Potential solutions are put through their paces by the parties to evaluate if they are viable for both sides.
- In the event that the parties are able to reach an agreement after seeking legal guidance, the mediator will summarise their proposals in a Memorandum of Understanding, which is then given to the attorneys of the parties so that they may create a consent order.
- Involvement of outside sources A third party who is a trusted advisor to both parties and who can give unbiased information may be engaged provided both parties agree and wish that the third party provide impartial counsel. Such a situation may arise in the event that both parties have engaged the services of a respected independent financial advisor who can provide information while also helping to objectively analyse the repercussions of any decisions discussed.
What are some of the advantages of mediation in the family?
The parties are allowed to go at their own pace throughout the Mediation Plymstock. Some people like to talk about their issues over a period of time, while others want to wrap things up fast. During the Mediation Plymstock process, the parties will be able to debate pace and the number and length of sessions with the mediator. When it comes to settling disputes, mediation is perceived as less confrontational than litigation. The parties will work together with the help of a mediator to come up with proposals and solutions. For the sake of all parties, they will provide information in a way that is clear and transparent so that everyone can understand it. For any differences, the mediator will review the disclosure. In mediation, the threshold of disclosure should not be lowered because the parties are involved. However, mediation allows parties to obtain as much or as little information as they like based on the availability of acceptable financial information.
Mediation is typically less costly than other means of resolving disputes. It is possible for a financially stronger party to pay for the Mediation Plymstock sessions without compromising the mediator's impartiality, however this is not the case. For an average session, it lasts for around 1.5 hours. But there are additional costs outside of the Mediation Plymstock process, such as evaluating the disclaimer, creating asset lists and net-effect lists, as well as separate costs for lawyers chosen to represent the parties outside of the process, associated with the preparation for meetings and writing up the outcomes.
It's up to the couple to decide what's fair for both of them, rather than relying on the advice of a third party (such a court, arbitrator, or lawyer). In spite of the fact that there are typically costs and profits for each side, both parties see the outcome as balanced. If both sides are left feeling like they were heard and their needs were taken into consideration, they will be able to accept the result without feeling like they are being forced into it.
Contact a Mediator in Plymstock today on 03300 100 309