Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blog sites, analyze the essential advantages of mediation and other techniques of dispute resolution as a method of dealing with the useful arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and consider 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 celebration individually (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The preliminary meetings are personal and so the content will not be discussed with the other celebration.
First joint conference
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover however this will normally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can record the appropriate details and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
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 proceedings.
- Parenting Strategy
this records the plans 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 legally binding until the parties have had independent legal suggestions on it. As soon as this has taken place, among the party’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, a few of which are set out below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will consider any problems which might 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 verify what they want to cover in mediation. You can resolve matters important to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t have to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have adequate time to collate monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce comparable plans or has not appreciated the subtlety of why a specific recommendation 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 designed to promote interaction and a continuous co-parenting relationship.
mediation is a private and personal process which implies that parties are encouraged to be open about alternatives they want to consider. This typically leads to parties making recommendations they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the agenda and picking the variety of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will also guarantee and handle the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important way of fixing family conflicts successfully and agreeably and it need to be something that is encouraged all year.