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Family Law & Mediation – 4 Things You Can Expect from the Mediation Process

While in some cases, family disputes are resolved swiftly and effectively, sometimes, these disputes carry on for days, weeks, months, and even years. In situations like these, mediation is most likely the only option for the opposing parties to come to a solution in which both agree to.

The Mediator

What’s the primary job of the mediator? Their job is to help both parties to find a solution in which both parties can come to agreement. At the same time, the mediator can act as a facilitator for communication. During all of these, the mediator will uphold privacy and keep the process as confidential as possible. This is to allow both parties to talk about all the possible options they want to consider, some of which they might be reluctant to bring up in court.

To put it simply, mediators work with the opposing parties to find an agreeable solution, encouraging them to share all their thoughts and concerns to ensure that the final agreement is one that both parties are happy with.

With that said, here’s what you can expect from the mediation process:

1. The First Call

The process of mediation begins with each of the parties being contacted by the mediator separately.

While many things can be discussed through this call, the main purpose would tell the parties about the mediation process. At the same time, the mediator will also help the party consider whether certain factors inhibit the use of a mediator.

When both parties are satisfied with using a mediator, meetings are followed.

2. The Separate Meeting

The meeting itself is known as the Mediation Information Assessment Meeting, or MIAM for short. The mediator won’t meet both parties together. Instead, they’ll meet them individually.

In this meeting, the mediator will explain a little more comprehensively the mediation process. Anything else discussed in this meeting will also be kept to full confidentiality, meaning that the other party won’t know what the opposing party discussed.

3. The Joint Meeting

After the separate meetings are done, the mediator will hold the first joint meeting.

The main purpose of this meeting is to focus on the possible issues that the parties might want to discuss. For example, topics can include an arrangement for the kids as well as financial settlements.

4. The Agreement

Once an agreement has been reached, the mediator will write down all the information into different documents. The documents consist of:

  • Parenting Plans
  • Memorandum of Understanding
  • Open Financial Statements

Parenting Plan is a document in which any parent-children matters are recorded. The Memorandum of Understanding will include all the decisions that have been made and agreed to by both parties as well as the mediator. Finally, the Open Financial Statements will record both parties’ financial information as disclosed.

Conclusion

A mediator is often an excellent position for families in heavy dispute. In the heat of emotions, these parties will more than likely not be able to come up with solutions that seem fair and just. That said, the mediator will work with these families to come up with solutions that will benefit both sides and one in which both can agree to and be content with the outcome.

Are you looking for mediators and mediation solicitors in Exeter to work with? We’re here for you! Get in touch with us at Ian Walker Family Law and Mediation Solicitors and let’s get you started right away!

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