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 techniques of dispute resolution as a way of fixing the useful arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about individually with them whether there are any issues which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party independently (this is often called a Mediation Information Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are confidential therefore the content will not be gone over with the other celebration.
following the individual conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Contract to Moderate type, deal with any interim or pushing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover however this will usually include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape the relevant details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to document in respect of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. Once this has actually taken place, among the celebration’s attorneys will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will consider any problems which may make mediation unsuitable or difficult. 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 program and confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You select the length of time between sessions and manage its rate. You will not need to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have adequate time to collate financial disclosure and review tips made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce similar plans or has actually not appreciated the subtlety of why a particular suggestion might be better.
When a choice 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.
mediation is a personal and private process which means that parties are encouraged to be open about choices they wish to think about. This typically results in parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and choosing the number of sessions you have, parties have much more control over the process than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise guarantee and manage the process that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply a vital way of fixing family conflicts successfully and amicably and it ought to be something that is encouraged all year.