Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blog sites, examine the crucial advantages of mediation and other techniques of conflict resolution as a way of solving the practical arrangements following separation.
The family mediation procedure
Very first call
mediation generally begins with the mediator having a brief preliminary 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 issues which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are private and so the material will not be talked about with the other party.
First joint conference
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate kind, deal with any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties want to cover but this will normally include discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the pertinent info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in regard of the day to day care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal guidance on it. Once this has occurred, among the celebration’s legal representatives 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 number of benefits to the mediation process, a few of which are set out below. Mediation is not right for everybody and the mediator and a celebration’s own solicitor will consider any issues which may make mediation unsuitable or hard. 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 motivate the parties to set the program and validate what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and handle its speed. You won’t need to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have enough time to collect monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce comparable arrangements or has disliked the subtlety of why a particular tip may be better.
When a choice is made together in mediation, it is more 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 confidential procedure which means that parties are motivated to be open about alternatives they wish to think about. This normally results in parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. The mediator will also handle the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide an invaluable way of solving family conflicts efficiently and agreeably and it should be something that is encouraged all year.