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, analyze the key advantages of mediation and other approaches of conflict resolution as a way of dealing with the useful plans following separation.
The family mediation process
mediation normally 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 process and think about independently with them whether there are any problems which would suggest that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and describe a little more about the mediation procedure. The initial meetings are confidential and so the material will not be talked about with the other celebration.
First joint conference
following the individual conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate form, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend on the concerns the parties wish to cover but this will generally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in regard of the daily care of their children.
Any agreement reached in mediation is not legally binding up until the parties have actually had independent legal recommendations on it. Once this has actually happened, among the party’s attorneys will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own solicitor will consider any issues which might make mediation tough 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 encourage the parties to set the agenda and verify what they wish to cover in mediation. You can address matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time in between sessions and handle its pace. You won’t have to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to collect financial disclosure and review recommendations made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a particular suggestion may be better.
a mediator’s function is to facilitate a dialogue in between the parties and encourage recommendations about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal procedure which suggests that parties are motivated to be open about alternatives they want to consider. This generally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if successful. By setting the program and choosing the variety of sessions you have, parties have a lot more control over the process than when they belong to court procedures. The mediator will also handle the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable method of dealing with family conflicts effectively and agreeably and it ought to be something that is motivated all year.