Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blog sites, take a look at the key advantages of mediation and other approaches of disagreement resolution as a method of dealing with the practical arrangements following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is often called a Mediation Info Assessment Fulfilling (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The initial meetings are confidential therefore the material will not be talked about with the other party.
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Contract to Mediate type, handle any interim or pressing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the problems the parties wish to cover however this will typically involve conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an arrangement is reached, the mediator can tape-record the appropriate info and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding up until the parties have actually had independent legal guidance on it. Once this has actually occurred, one of the celebration’s legal representatives will normally 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 benefits to the mediation process, a few of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will consider any issues which may make mediation inappropriate or hard. 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 agenda and confirm what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You pick the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can take place in a court process, and equally you can ensure you each have sufficient time to look at financial disclosure and review suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular recommendation might be better.
a mediator’s role is to assist in a dialogue between the parties and encourage ideas 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 designed to promote communication and an ongoing co-parenting relationship. This is particularly crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal procedure which suggests that parties are motivated to be open about choices they wish to consider. This generally leads to parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the program and picking the number of sessions you have, parties have much more control over the process than when they become part of court procedures. The mediator will also ensure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in proper cases it can supply an invaluable way of fixing family disputes successfully and agreeably and it must be something that is motivated all year.