Today marks completion of family mediation week. In this blog we summarise the mediation process and, as considered in our historical blog sites, analyze the crucial advantages of mediation and other methods of disagreement resolution as a method of solving the useful plans following separation.
The family mediation process
mediation usually begins 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 process and think about independently with them whether there are any problems which would mean that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party separately (this is typically called a Mediation Information Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little more about the mediation procedure. The preliminary conferences are private therefore the material will not be gone over with the other celebration.
following the specific conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Agreement to Moderate kind, deal with any interim or pushing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover however this will typically involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the appropriate details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the day to day 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 actually occurred, among the party’s attorneys will typically 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 advantages to the mediation process, some of which are set out below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will consider any concerns which may make mediation unsuitable or tough. 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 confirm what they want to cover in mediation. You can resolve matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time between sessions and manage its rate. You will not have to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate 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 enforced decisions where the judge might not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a particular idea might be better.
a mediator’s function is to facilitate a dialogue in between the parties and motivate tips about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is created to promote interaction and a continuous co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private procedure which implies that parties are motivated to be open about choices they wish to think about. This typically leads to parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the procedure than when they are part of court procedures. The mediator will also ensure and manage the procedure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable way of solving family disputes effectively and amicably and it should be something that is encouraged all year.