What exactly is it? How does it work? Ought I to proceed? Should I get going now? All of these are things that prospective clients ask me at our first meeting to discuss the divorce procedure. The response is that the Family Proceedings Rules compel lawyers to recommend their clients to Mediation before making any application to court to address a financial dispute or problems pertaining to children. This is the case regardless of whether or not the disagreement involves children.
In order to assist in making understanding of the rules governing Mediation Hatfield Putting up this concise informational post seemed like a decent idea at the time. This is an overview, and I strongly suggest that you read it together with the Resolution Guide to Mediation Hatfield.
What exactly is involved in Family Law Mediation?
To begin, mediation is NOT the appropriate setting to have a conversation about the revitalization of a relationship. You should get in touch with Relate if you want to investigate the possibility of getting back together. The process of Mediation Hatfield is rather distinctive. Alternative Dispute Resolution, sometimes known as ADR for short, includes mediation as one of its forms. It provides a venue and an environment where the emphasis is on discussing arrangements for children or financial settlements, with the expectation that an agreement may be reached. You have these conversations with a non-affiliated third person who is not affiliated with either party and whose sole purpose is to act as a neutral influence while attempting to aid in the resolution of the conflict.
The goal of the Mediation Hatfield process is to eliminate, or at the very least significantly lessen the intensity of, both the stress and the combative aspect that disputed court hearings frequently produce. It is supplied in order to encourage the parties to concentrate on discussion as a way of settling the issues pertaining to the children and the finances.
How does the process of mediation operate in family law?
Although as attorneys we collaborate with a large number of family law mediators, the majority of the time we only recommend our clients to those mediators with whom we have had prior experience and who we are certain would be able to assist them. After the referral has been made, the assigned Mediator will get in touch with each party and invite them to a separate Mediation Information and Assessment Meeting, which will be abbreviated as MIAM for the rest of this paragraph. Mediators will provide an explanation of their roles and what participants should anticipate from the Mediation Hatfield process throughout the MIAM. They will also discuss whether there are any factors that make Mediation unworkable or that they need to be especially aware of, such as the presence of Domestic Violence as an example. If there are any factors that make Mediation unworkable or that they need to be especially aware of, they will discuss them. The Mediation Hatfield will ask the parties to attend a combined session of mediation if they are convinced that the process of mediation can be carried out successfully.
The role of the Mediator will be to first listen to both sides of the argument, and then, more crucially, to assist those sides in listening to one another. Following this, the parties will explore potential solutions that they can see will be to their mutual advantage. It is not unusual for the parties to show up to many of these combined sessions. It is essential that both parties realise that they are free to communicate with their respective attorneys in the time in between Mediation Hatfield sessions; the process is in no way intended to be seen as a competition between the two legal teams.
In the event that the parties are able to come to an agreement during the course of the mediation, the Mediator will create a summary of the agreement for the parties to take with them to their attorneys following the session. This summary will be utilised in the drafting of the official court order.
Should I Participate in the Mediation? Should I get going now?
It is more efficient to address both of these concerns at the same time.
Because participation in mediation is still entirely voluntary, there is no obligation for you to take part in the process if you do not like to. On the other hand, the following might be the appropriate replies to the questions:
- Yes, you should go because it is in the best interest of your children for you to be there for the Mediation, and
- What are the most likely outcomes that will occur as a result of your refusal?
In terms of the initial response, going to court will invariably cause the parties to engage in conflict with one another. During the time that these processes are taking place, that confrontation will, without a doubt, seep into each and every facet of your existence. The most important time for this to become clear is during any interactions (conversations, communications, or emails) that take place with the other person. Most of the time, disagreements arise during potentially explosive moments, such as when parties try to reach an agreement on how and when they will see their children or when they will collect or return the children. If something like this takes place, it will be incredibly upsetting for the children.
Regarding the second response, a Mediator is unable to deal with participants who are unwilling to listen to the other side or engage in conversation with them because they are unable to do so. When one party to a dispute refuses to participate in mediation, the situation almost always winds up being resolved in court because of the impasse it creates. Both parties might expect much greater financial (and emotional) expenditures associated with contentious court processes. This is to be expected. This will have a rapid eroding effect on the assets, leaving both parties in a weaker financial position. The decisions that the parties make on the proposed resolutions to the issue will then be defined by the conflict.
To summarise, then, the Mediation Hatfield process need to be seen as the collaborative effort of a group. It will be successful when it provides assistance to both parties and collaborates with the attorneys representing both sides to find a resolution that is most gratifying for both parties as well as their families.
On the other hand, this does not imply that it is suitable for everyone. I will frequently explain to my clients that although mediation may be successful for some people but not others, it is still an option. It is highly recommended that you bring it up in conversation with your attorney during the very first meeting you two have together.
At Capitol Family Mediation, we will take the time to investigate the many alternatives available to you and your family, as well as the ways in which mediation may be able to aid you and your loved ones.