ARE FAMILY MEMBERS ALLOWED IN MEDIATION PROCESS?
It is fine to bring a family member to the office but the meetings themselves are normally only attended by the separated couple in mediation.
Do both parties have to agree to mediation ?
Yes, both have to have a miam assessment first. We assess if mediation is safe and viable and reaches the standards we set to ensure a safe environment. Mediators practice impartially and don’t give advice as this is not possible and remain impartial. So decisions are all yours but to reach any conclusions during the sessions we discuss the detail fully. MIAM Service
Mediation is one of the alternative approaches used in the provision of a resolution to parties in the case of a dispute. The negotiation is facilitated by a professional third party who is registered to carry out the meetings. The process is not in the involvement of decision by the third party, unlike arbitration, which is the process of providing alternative dispute resolution in a way that is related to trial in solving specific issues.
Solving problems is our business
Therefore, the neutral third party has no mandate in the involvement of decision making and mediation sessions are held by a qualified mediator who works to the highest standards. We help parents who attend ensure arrangements and contact time works for the family.
In the case of the parties involved are unwilling to resolve a dispute, the alternative solution is to mediate which helps to provide a solution. Members of different families can be included in providing a resolution to small cases that they can easily handle without following legal action. An agreement is reached at the end between the parties involved.
The mediator must make sure that the best resolution is provided. An agreement may be written, oral, and variation of content depend on the negotiation type that has taken place. It becomes a judgment after the decision has been made since it is part of legal action. It is considered inexpensive, more prompt, and follows the right procedures in solving several matters rather than formal litigation.
Who can attend mediation sessions?
If you feel more comfortable them come to the meeting with:
The mediator must be registered since it is trained in such a way that it helps to perform different and more significant roles in resolving conflict. The council considers the question of negotiation therefore, it should be involved in such matters
Family members are allowed to use a mediator, especially in a case where there are separated families. Family members play a more significant role when mediating with affected parties, solving problems or conflicts affecting members of the related family or in a situation where the families are of a different community.
The use of family mediation helps in resolving disputes related to children other than family law court. The difference should involve two people who are in conflict, or you can include extended family members in the case where there are issues relating to the protection of the child. The mediation may need the family members to step in if everyone is in agreement and its relevance to future decisions etc.
Family members need to apply the process since the matter may need to go to a court of law for the judge to make decisions, which is quite a long, expensive process and stressful. The mediator needs to provide a resolution to avoid a lengthy process.
The legal system has an encouragement of making sure that issues that have contributed to a dispute are agreed without involving the court.
The options such as discussing with the parents, the use of a friend, or a member to help and use informal general negotiation but to start with mediation is a prerequisite and having a miam
Do I have to agree to mediation?
No, but what’s the options if you don’t mediate –
Do nothing, Solicitors, Court or mediation.
Sometimes there is a need to involve a mediator who is independent and trained in negotiation so that the involved parties come into an agreement.
They facilitate and make sure that the people involved talk about their issues to solve the dispute.
They have the skills and knowledge in a law environment that applies in response to families and domestic violence. Therefore, members play a more significant role hence, they should be allowed to solve problems that directly or indirectly affect them.
Some matters have future effects when they don`t make the right decision at the moment since the court is expensive and might not always be there in case of future conflicts.
When the process cannot resolve the disputes, there would be the need to go to court for decision making by the judge.
Contact us today to find out more about what we can do for you!