Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blogs, analyze the essential advantages of mediation and other techniques of dispute resolution as a method of solving the useful arrangements following separation.
The family mediation process
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider independently with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The preliminary meetings are confidential and so the content will not be gone over with the other celebration.
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate type, deal with any interim or pressing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will usually involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent information and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in regard of the daily care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. Once this has actually taken place, among the celebration’s attorneys will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages 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 solicitor will consider any concerns which might make mediation unsuitable or challenging. 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 validate what they wish to cover in mediation. You can address matters important 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 place practical to you and the mediator. You pick the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have adequate time to collect financial disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable arrangements or has disliked the subtlety of why a particular idea may be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship.
mediation is a personal and personal procedure which implies that parties are motivated to be open about alternatives they want to consider. This generally results in parties making ideas they would hesitate to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. 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 proceedings. 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 actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an important method of solving family conflicts successfully and amicably and it should be something that is motivated all year.