Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blogs, examine the crucial benefits of mediation and other approaches of conflict resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about separately with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is often called a Mediation Information Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little more about the mediation process. The initial meetings are private therefore the content will not be gone over with the other party.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate kind, deal with any interim or pressing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns 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 expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can tape the appropriate details and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to record in respect of the day to day care of their children.
Any agreement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. Once this has occurred, one of the celebration’s lawyers will usually 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 advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any problems which may make mediation inappropriate or challenging. 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 motivate the parties to set the program and validate what they want to cover in mediation. You can address matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You select the length of time between sessions and handle its pace. 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 adequate time to collate financial disclosure and assess tips made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has actually not appreciated the subtlety of why a particular tip might be better.
a mediator’s role is to assist in a dialogue in between the parties and motivate ideas about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote interaction and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which suggests that parties are encouraged to be open about options they wish to consider. This normally results in parties making suggestions they would hesitate to make in court proceedings. For high profile customers, 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 procedures if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. The mediator will also handle the procedure and guarantee that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an important method of solving family conflicts efficiently and agreeably and it need to be something that is encouraged all year.