Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blogs, examine the essential advantages of mediation and other approaches of dispute resolution as a way of dealing with the useful arrangements following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and consider individually with them whether there are any concerns which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party separately (this is typically called a Mediation Information Assessment Meeting (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The initial meetings are confidential therefore the content will not be talked about with the other celebration.
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Mediate kind, handle any interim or pressing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the concerns the parties wish to cover however this will typically involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape-record the pertinent details and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. As soon as this has occurred, among the party’s attorneys will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of advantages to the mediation process, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any problems which may make mediation hard or unsuitable. 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can resolve matters crucial to your own family and those which may 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 select the length of time between sessions and manage its rate. You will not have to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have sufficient time to collect monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a specific recommendation might be better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and private process which indicates that parties are encouraged to be open about options they want to think about. This generally leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and choosing the number of sessions you have, parties have much more control over the procedure than when they are part of court proceedings. The mediator will likewise manage the procedure and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can provide a vital method of fixing family conflicts successfully and agreeably and it need to be something that is encouraged all year.