Our world is running at a breakneck speed. We are often running out of time. We are not in a position to give enough time to our partners. We are not being able to listen to them properly and vice versa. This is true for a great number of people these days. We are constantly working under a lot of stress and our social lives are facing the consequences. It all starts with a minor difference of opinion but ends with a big quarrel. And if this pattern is repeated, this can be seen as the first symptoms that your marriage is going towards a rough patch.
Mediation is one-stop solution for the people who want a peaceful settlement in private. Mediation sessions are confidential. They entirely depend upon you and your partner. What’s more is that the dates of the sessions depend upon you. You should choose the date that suits you, preferably an off day. These sessions are not as expensive as the court proceedings. The sessions are cost-effective.
So, you do not risk losing a lot of money. Last but not least, you do not need to worry about partial treatment or prejudice. If you constantly fret about the fact that, for some reason, you will be getting an unfair treatment, mediation is your best friend. The people around you are highly skilled professionals who ensure that you are not going to have an uncomfortable moment. Unlike in court custody where you might not be treated in the same way.
However, there are certain disadvantages of mediation. There are some situations where mediation might not be the feasible way-out. Mediation is not suitable if your partner is being abusive. It can be domestic violence or violence on the child. In either case, you should not tolerate these situations and act immediately so that they are not repeated. As an adult, your children‘s’ safety should be your first priority. That does not definitely mean that you, yourself, have to put up with that.
Your safety is also in question here. If your problem is about monetary issues and your partner has got no money, you should move to court without delay. The other case is when you do not know the whereabouts of your ex. Finally, you will have to opt for court settlement if your mediator says so.
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Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the aid of a mediator who will hold a Mediation Intake Assessment Meeting or MIAM. MIAMs can soothe ruffled feelings and ensure that communal assets are divided equally, make sure that financial obligations of both parents are laid out and help to make the break as easy as possible for all the members of the family.
When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.
As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).
If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.
Shuttle sessions happen when the two parties are seated in separate rooms and the mediator shuttles between the two, discussing issues and offering solutions.
Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.
Mediation sessions are now a legal requirement, and your ex’s lawyer will make this clear to him or her.
Offering shuttle mediation, in which they will not have to share a room while coming to an agreement, is sometimes a way to make the thought of mediation more palatable.
Mediators can also help with will disputes: resolving issues between heirs and coming to an acceptable compromise in the event that the will is ambiguous or unclearly worded.