Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blog sites, take a look at the essential advantages of mediation and other methods of dispute resolution as a way of solving the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and consider separately with them whether there are any issues which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Info Evaluation Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation procedure. The initial meetings are personal therefore the content will not be gone over with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Agreement to Mediate kind, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend on the issues the parties want to cover however this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- 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 lawfully binding until the parties have had independent legal guidance on it. When this has happened, one of the celebration’s attorneys will generally 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 advantages to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will consider any problems which may make mediation tough or inappropriate. The advantages 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 verify what they wish to cover in mediation. You can attend to matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You select the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can occur in a court process, and similarly you can ensure you each have sufficient time to collate financial disclosure and assess tips made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has not appreciated the subtlety of why a particular recommendation may be much 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 designed to promote communication and a continuous co-parenting relationship.
mediation is a personal and confidential procedure which suggests that parties are motivated to be open about choices they wish to consider. This typically leads to parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will also guarantee and handle the process 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 supply an invaluable way of dealing with family disagreements successfully and agreeably and it must be something that is encouraged all year.