Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blog sites, take a look at the crucial advantages of mediation and other techniques of disagreement resolution as a method of resolving the practical arrangements following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about individually with them whether there are any concerns which would suggest that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party separately (this is often called a Mediation Info Assessment Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The initial conferences are personal therefore the content will not be gone over with the other party.
First joint meeting
following the individual conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Agreement to Moderate type, handle any interim or pressing concerns and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend on the issues the parties want to cover but this will typically include discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion 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 details as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents want to document in respect of the everyday care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal advice on it. As soon as this has occurred, among the party’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 advantages of family mediation
There are a variety of benefits 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 think about any issues which might make mediation unsuitable or tough. 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 agenda and verify what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You pick the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can occur in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and review ideas made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge may not have the power to impose similar plans or has actually not appreciated the subtlety of why a particular recommendation might be much 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 created to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and confidential process which indicates that parties are motivated to be open about choices they wish to think about. This generally leads to parties making tips 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.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the program and picking the number of sessions you have, parties have much more control over the procedure than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise handle the procedure and make sure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can supply an invaluable way of solving family conflicts successfully and agreeably and it need to be something that is motivated all year.