Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blog sites, analyze the essential benefits of mediation and other methods of dispute resolution as a method of fixing the practical plans following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and consider individually with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The preliminary conferences are personal therefore the material will not be discussed with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Mediate form, deal with any interim or pushing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the concerns the parties wish to cover however this will typically involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case an agreement is reached, the mediator can tape the pertinent information and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open instead of 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 regard of the daily care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal guidance on it. Once this has actually happened, among the party’s attorneys will normally 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 number of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will think about any problems which may make mediation challenging or unsuitable. 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 agenda and verify what they wish to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time between sessions and manage its rate. You won’t have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have adequate time to look at monetary disclosure and reflect on tips made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge may not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a specific recommendation might be better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and confidential process which suggests that parties are encouraged to be open about alternatives they wish to consider. This normally results in parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the variety of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will likewise handle the process and ensure that mediation does not continue.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can provide an important way of dealing with family disputes successfully and agreeably and it should be something that is encouraged all year.