Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historic blog sites, examine the crucial advantages of mediation and other techniques of disagreement resolution as a method of solving the practical plans following separation.
The family mediation process
mediation usually starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and consider separately with them whether there are any problems which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Information Assessment Meeting (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The initial conferences are confidential and so the content will not be talked about with the other celebration.
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate form, handle any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend on the problems the parties want to cover but this will usually include conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an arrangement is reached, the mediator can record the pertinent info and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents want to document in regard of the daily care of their children.
Any agreement reached in mediation is not legally binding until the parties have had independent legal recommendations on it. As soon as this has happened, one of the celebration’s attorneys will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own lawyer will consider any issues which may make mediation inappropriate or difficult. The advantages 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 wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You pick the length of time between sessions and manage its rate. You will not need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have adequate time to look at monetary disclosure and review ideas made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has not appreciated the subtlety of why a particular recommendation may be much better.
a mediator’s role is to assist in a dialogue in between the parties and motivate ideas about the outcome. 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 particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal procedure which suggests that parties are motivated to be open about choices they want to think about. This typically results in parties making recommendations they would be reluctant 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
if successful, mediation can be cheaper and quicker than court procedures. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the process than when they are part of court procedures. The mediator will likewise make sure and manage the process that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable method of fixing family disagreements efficiently and agreeably and it must be something that is encouraged all year.