Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, examine the crucial benefits of mediation and other approaches of dispute resolution as a method of fixing the useful arrangements following separation.
The family mediation procedure
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation process and think about independently with them whether there are any concerns which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a little more about the mediation process. The preliminary meetings are confidential therefore the content will not be gone over with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Contract to Mediate kind, deal with any interim or pressing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will generally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can record the pertinent info and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the general choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in respect of the everyday care of their children.
Any agreement reached in mediation is not legally binding till the parties have had independent legal recommendations on it. As soon as this has taken place, among the party’s legal representatives will usually 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 number of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will think about any problems which might make mediation inappropriate or hard. The advantages 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 confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise be relevant in a court process.
- 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 occur in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a specific suggestion 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 developed to promote communication and an ongoing co-parenting relationship.
mediation is a personal and personal process which means that parties are motivated to be open about options they want to consider. This typically leads to parties making suggestions they would hesitate to make in court procedures. For high profile customers, it is also 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 program and picking the number of sessions you have, parties have far more control over the process than when they become part of court procedures. The mediator will also manage the process and make sure 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 appropriate cases it can offer an important method of solving family disagreements efficiently and amicably and it ought to be something that is encouraged all year.