In June 2016 the Cayman Islands Judiciary launched The Mediation Information & Assessment Rules, 2016 as a means of encouraging and facilitating mediation of family law disputes. But what is mediation, how can it help and is it effective?
What is Mediation?
Mediation is facilitated negotiation between parties. A mediator is a neutral person and her role is to help people to resolve their disputes more effectively then they are able to do on their own. In doing this a mediator will seek some common ground between the parties and find creative ways to help them resolve their disputes fairly.
Mediation can be used in any non-criminal legal cases, but is most often utilized in family law disputes.
What are the benefits of Mediation?
While mediation has many benefits it should not be attempted in the case of domestic violence, abuse or other violent situations. If you are in fear of another person you should immediately contact an attorney.
The Mediation Information & Assessment Rules, 2016
In 2016 The Mediation Information & Assessment Rules were introduced. These rules do not mandate mediation between divorcing couples, rather they encourage mediation by insisting that parties attend a Mediation Information and Assessment Meeting (“MIAM”) with a qualified person to advise and educate about the mediation process.
In certain circumstances parties may claim an exemption.
At every stage in matrimonial proceedings a court must consider whether a non-court dispute resolution process like mediation is appropriate and the judge must take into account must take into account:
If the judge does think it is appropriate he or she may adjourn the family law proceedings for a MIAM or attempted mediation.
For more information on the foregoing, please contact Yvonne Mullen at firstname.lastname@example.org or +1-345-949-7237.
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