24 Mar A Close Look at Family Law Mediation
Family law mediation is a process where families use to negotiate future arrangements for their children by employing a third party who is neutral. Of course, the role of the third party or mediator is not to instruct the parties on what they are to do but to help them come to amicable terms as communication is improved between the involved parties.
What are the benefits of mediation?
Family Law Mediation is an excellent suggestion for parents who are finding it difficult to make proper arrangements for their kids due to a breakdown in the family. There are several benefits of mediation. Some are;
- Provides more control over parents’ decisions about their children instead of settling for the court.
- It is a less stressful approach to deal with critical issues
- It helps to improve communications and help the parties make necessary future arrangement
- Making arrangements for reviews and easy changes, in as much as both parties agree to them
- Family law mediation is sometimes a cheaper and quicker way to settle disputes
Are there legally binding agreements through mediation?
No, agreements made during family law mediation are not legally binding. By legal binding, this means that they cannot be enforced as a court decision. However, people seek a solicitor to be in charge of the agreement if there is a need for reference in the court.
What is Mediation Information and Assessment Meeting (MIAM)?
The first meeting that establishes family law mediation as the appropriate solution to the current problem is Mediation Information and Assessment Meeting (MIAM). Hence, once there is an agreement that it is a suitable option, the mediator can go ahead with the process.
What happens during mediation?
The mediator tries to make both parties come to a common ground. It is possible that partners do not want to be in the same room. The mediator can arrange another room for one of the partners to discuss the terms.
The mediator will present the proposal of each person to the other party. All the proposals are reviewed, and there is an agreement at the end of the day. Doing this may require having more than one mediation session. There is the creation of a memorandum of understanding afterwards such that there is a common ground for all.
What is the duration of a family law mediation?
In as much as the terms have not been reached, a mediation process can continue. Except both parties do not want to continue any longer, more sessions are being set up to arrive at a conclusion. The first meeting might be around 45 minutes. Nevertheless, an average mediation session is between 1 to 2 hours, based on how complex the situation may be.
Using the court is the final solution if the mediation process falls off. It could be a result of a person not attending the session or difficulty in reaching an agreement. Either way, family law mediation can end up in a court of law.