Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historical blog sites, take a look at the essential advantages of mediation and other methods of conflict resolution as a way of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation usually starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about separately with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Information Evaluation Meeting (MIAM)) to discuss the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are private and so the material will not be discussed with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate kind, handle any interim or pressing issues and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend upon the concerns the parties wish to cover however this will generally involve discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an agreement is reached, the mediator can tape-record the relevant info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in respect of the everyday care of their children.
Any contract reached in mediation is not lawfully binding until the parties have had independent legal suggestions on it. When this has actually taken place, among the celebration’s lawyers 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 number of benefits to the mediation process, some of which are set out below. Mediation is not right for everyone and the mediator and a party’s own lawyer will consider any problems which might make mediation inappropriate 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 program and verify what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You select the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have enough time to collate financial disclosure and review tips made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce similar plans or has disliked the subtlety of why a particular tip might be much better.
a mediator’s role is to facilitate a dialogue in between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and confidential procedure which means that parties are motivated to be open about alternatives they want to think about. This generally results in parties making suggestions they would hesitate to make in court proceedings. For high profile clients, 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 choosing the variety of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise handle the process and make sure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide an indispensable way of dealing with family disagreements effectively and agreeably and it need to be something that is encouraged all year.