Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, analyze the key benefits of mediation and other methods of disagreement resolution as a method of solving the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about independently with them whether there are any concerns which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Details Evaluation Fulfilling (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The preliminary meetings are personal and so the content will not be discussed with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Contract to Mediate form, deal with any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties want to cover however this will usually include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In the event that an arrangement is reached, the mediator can record the relevant info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal recommendations on it. As soon as this has actually occurred, among 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 benefits to the mediation process, a few of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will consider any problems which may 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 program and confirm what they want to cover in mediation. You can attend to matters important to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick 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 process, and similarly you can ensure you each have adequate time to look at monetary disclosure and assess tips made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to assist in a dialogue in between the parties and encourage recommendations about the outcome. When a choice 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 a continuous co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which means that parties are motivated to be open about choices they wish to think about. This typically results in parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will also ensure and manage the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in appropriate cases it can supply an important method of dealing with family conflicts effectively and amicably and it must be something that is motivated all year.