Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, take a look at the key benefits of mediation and other techniques of disagreement resolution as a method of dealing with the useful plans following separation.
The family mediation process
mediation typically begins 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 consider separately with them whether there are any issues which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Details Evaluation Satisfying (MIAM)) to discuss the background briefly and discuss a little more about the mediation process. The initial conferences are personal therefore the content will not be talked about with the other celebration.
following the private conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Contract to Mediate kind, deal with any interim or pressing issues and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties want to cover however this will normally involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can tape the relevant info and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions 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 moms and dads want to document in regard 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 occurred, among the party’s legal representatives will usually 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 procedure, some of which are set out listed below. Mediation is not right for everybody and the mediator and a celebration’s own solicitor will consider any issues which might make mediation difficult or unsuitable. 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 validate what they want to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You pick the length of time in between sessions and manage its speed. You won’t have to wait months for the next date as can occur in a court process, and similarly you can ensure you each have enough time to look at financial disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a specific suggestion might be 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 communication and a continuous co-parenting relationship.
mediation is a personal and confidential procedure which suggests that parties are encouraged to be open about choices they want to consider. This usually results in parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the program and picking the number of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will likewise make sure 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 proper cases it can offer an important way of fixing family conflicts efficiently and amicably and it need to be something that is motivated all year.