Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blogs, examine the crucial advantages of mediation and other techniques of dispute resolution as a way of fixing the useful plans following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about separately with them whether there are any problems which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and describe a bit more about the mediation procedure. The initial meetings are private and so the material will not be discussed with the other celebration.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate type, handle any interim or pressing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend on the issues the parties wish to cover however this will generally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in respect of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. Once this has taken place, one of the celebration’s lawyers will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any issues which might make mediation challenging or inappropriate. The benefits include:
Family mediation is a member of the ADR or alternative dispute resolution family. It forms one of the core pillars of mediation services provided globally.
Historically, it is not clear geographically where family mediation first evolved. However, family mediation has been present in various forms in various cultures world-wide for thousands of years.
The system is focused on providing a dispute resolution mechanism to families who are in dispute. Divorce mediation forms part of the family mediation tree of services.
Modern day family mediation is divided into two main fields namely mediation and comediation. In the former of the two fields a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute. Mediations are completed by the use of either joint or single caucuses. In single caucuses the mediator/s caucus one party at a time. In joint caucuses the mediator/s work with all sides to the dispute present in the same session. The majority of family disputes have two sides however in family disputes between siblings it is not uncommon for several parties to be involved.
- The mediator will motivate the parties to set the program and confirm what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can happen in a court process, and equally you can ensure you each have enough time to collect financial disclosure and assess recommendations made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular idea may be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship.
mediation is a personal and personal procedure which implies that parties are motivated to be open about options they want to consider. This usually leads to parties making recommendations they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the program and picking the number of sessions you have, parties have much more control over the process than when they belong to court proceedings. The mediator will likewise guarantee and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can provide an invaluable way of resolving family conflicts efficiently and amicably and it ought to be something that is motivated all year.