Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic 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 typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about separately with them whether there are any issues which would indicate 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 Info Evaluation Meeting (MIAM)) to discuss the background briefly and describe a bit more about the mediation procedure. The preliminary conferences are confidential therefore the content will not be discussed with the other party.
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 Mediate form, deal with any interim or pushing issues and to set the agenda for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the concerns the parties want to cover however this will typically include discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape-record the relevant information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal guidance on it. When this has actually happened, one of the celebration’s legal representatives will normally 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 advantages to the mediation procedure, a few 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 difficult or inappropriate. 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 motivate the parties to set the agenda and validate what they want to cover in mediation. You can address matters crucial to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time between sessions and handle its pace. You won’t have to wait months for the next date as can occur in a court process, and equally you can guarantee you each have enough time to collect financial disclosure and review tips made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose similar plans or has disliked the subtlety of why a specific idea might be better.
a mediator’s role is to facilitate a discussion between the parties and motivate suggestions about the result. When a choice is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private process which means that parties are encouraged to be open about choices they want to think about. This generally leads to parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method 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 picking the number of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. The mediator will likewise ensure and manage the process 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 provide a vital way of solving family conflicts efficiently and amicably and it ought to be something that is encouraged all year.