Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, examine the key benefits of mediation and other techniques of dispute resolution as a way of resolving the practical plans following separation.
The family mediation process
mediation normally starts with the mediator having a brief 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 concerns which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party separately (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 procedure. The preliminary meetings are private therefore the material will not be discussed with the other party.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Agreement to Moderate form, handle any interim or pressing issues and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend upon the problems the parties wish to cover but this will generally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the appropriate info and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in respect of the daily care of their children.
Any agreement reached in mediation is not legally binding until the parties have had independent legal advice on it. Once this has taken place, one of the party’s attorneys will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any issues which may make mediation hard or inappropriate. 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 agenda and verify what they want to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise matter in a court process.
- 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 rate. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can ensure you each have enough time to look at monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court enforced choices where the judge may not have the power to impose similar arrangements or has actually disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to facilitate a discussion between the parties and motivate ideas about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which means that parties are encouraged to be open about choices they wish to think about. This generally results in parties making suggestions 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.
- 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 become part of court procedures. If it is unproductive or making matters worse, the mediator will also ensure and handle the procedure that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an indispensable method of resolving family disagreements effectively and agreeably and it ought to be something that is encouraged all year.