Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blog sites, analyze the key benefits of mediation and other methods of conflict resolution as a method of resolving the useful plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and think about independently with them whether there are any concerns which would indicate that mediation is not proper.
following the initial calls, the mediator will have a conference with each party separately (this is typically called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The preliminary conferences are confidential and so the material will not be discussed with the other party.
First joint conference
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Arrangement to Moderate form, deal with any interim or pushing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the concerns the parties want to cover but this will typically include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the pertinent information and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. As soon as this has happened, among the celebration’s attorneys will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will think about any problems which might make mediation inappropriate or difficult. 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 confirm what they want to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and handle its pace. You will not need to wait months for the next date as can occur in a court process, and equally you can guarantee you each have adequate time to collate monetary disclosure and assess ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable plans or has not appreciated the subtlety of why a specific tip might be better.
a mediator’s role is to help with a dialogue in between the parties and motivate recommendations about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote communication and a continuous co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and confidential procedure which implies that parties are encouraged to be open about options they wish to think about. This generally results in parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the program and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will also handle the process and guarantee that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of resolving family disagreements successfully and agreeably and it must be something that is motivated all year.