Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blog sites, examine the essential benefits of mediation and other methods of dispute resolution as a method of solving the practical arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about independently with them whether there are any problems which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Information Assessment Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The preliminary meetings are confidential and so the content will not be discussed with the other party.
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 Moderate type, deal with any interim or pressing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties want to cover but this will typically include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape-record the relevant details and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the daily care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. When this has taken place, one of the celebration’s legal representatives 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 everyone and a celebration and the mediator’s own solicitor will consider any concerns which may make mediation hard or inappropriate. The benefits consist of:
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 encourage the parties to set the program and confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and handle its pace. You won’t need to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have adequate time to look at monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge might not have the power to enforce similar plans or has actually disliked the subtlety of why a particular suggestion may be 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 communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and private process which implies that parties are encouraged to be open about options they want to think about. This normally results in parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court proceedings. 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. If it is unproductive or making matters worse, the mediator will likewise make sure and handle the procedure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an invaluable way of resolving family conflicts efficiently and amicably and it ought to be something that is motivated all year.