Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blogs, analyze the essential benefits of mediation and other techniques of disagreement resolution as a way of solving the practical plans following separation.
The family mediation procedure
Very first call
mediation typically 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 independently with them whether there are any problems which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Details Assessment Fulfilling (MIAM)) to discuss the background briefly and explain a bit more about the mediation process. The initial meetings are confidential therefore the material will not be gone over with the other celebration.
following the individual meetings, if the parties want 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 agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the problems the parties wish to cover however this will normally involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can tape-record the pertinent details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to document in respect of the day to day care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal suggestions on it. When this has actually occurred, 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 benefits of family mediation
There are a variety of benefits to the mediation procedure, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any issues which might make mediation difficult or unsuitable. 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 confirm 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 scheduled a time and place hassle-free to you and the mediator. You select the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have enough time to look at financial disclosure and reflect on tips made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a particular idea may be much better.
a mediator’s function is to facilitate a dialogue between the parties and encourage ideas about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote communication and an ongoing co-parenting relationship. This is especially important 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 process which means that parties are motivated to be open about options they wish to think about. This usually leads to parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper 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 ineffective or making matters worse, the mediator will likewise ensure 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 supply an invaluable way of solving family conflicts efficiently and amicably and it should be something that is encouraged all year.