Today marks completion 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 benefits of mediation and other methods of conflict resolution as a method of fixing the practical plans following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about separately with them whether there are any concerns which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The initial conferences are personal therefore the content will not be discussed with the other party.
First joint conference
following the private meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is used to go through the Agreement to Mediate form, handle any interim or pressing issues and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the problems the parties want to cover however this will normally involve conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent details and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any agreement reached in mediation is not legally binding up until the parties have had independent legal advice on it. When this has actually happened, 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 benefits of family mediation
There are a number of benefits to the mediation procedure, some of which are set out listed below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will consider any concerns which might make mediation inappropriate or difficult. The benefits 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 encourage the parties to set the program and verify what they want to cover in mediation. You can deal with matters important 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 choose the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to collect financial disclosure and review ideas made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a specific recommendation 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.
- Personal privacy
mediation is a private and private process which means that parties are motivated to be open about choices they want to think about. This generally leads to parties making recommendations they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have much more control over the procedure than when they become part of court procedures. The mediator will likewise ensure and handle the process 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 suitable cases it can provide an invaluable way of resolving family disagreements effectively and agreeably and it must be something that is motivated all year.