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, analyze the crucial advantages of mediation and other techniques of dispute resolution as a method of resolving the useful arrangements 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 consider separately with them whether there are any concerns which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and explain a bit more about the mediation process. The initial conferences are confidential therefore the material will not be gone over with the other party.
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate type, deal with any interim or pushing concerns and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties wish to cover but this will usually involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case a contract is reached, the mediator can tape-record the relevant info and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. As soon as this has actually taken place, among the party’s attorneys will usually 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 process, a few of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any concerns which may make mediation unsuitable or difficult. 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 validate what they wish to cover in mediation. You can address matters crucial to your own family and those which might 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 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 process, and similarly you can ensure you each have adequate time to collect financial disclosure and reflect on tips made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court imposed decisions where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific suggestion may be much better.
a mediator’s function is to help with a dialogue between the parties and encourage recommendations about the result. When a decision 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 an ongoing co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and personal procedure which indicates that parties are motivated to be open about choices they wish to consider. This typically results in parties making recommendations 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 general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise manage the process and guarantee that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital way of solving family disputes successfully and agreeably and it need to be something that is encouraged all year.