Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blog sites, take a look at the essential benefits of mediation and other approaches of conflict resolution as a way of dealing with the useful arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and think about independently with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is often called a Mediation Details Assessment Fulfilling (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The initial conferences are personal therefore the material will not be discussed with the other party.
following the individual conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Contract to Mediate kind, handle any interim or pushing problems and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the issues the parties wish to cover but this will generally include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that a contract is reached, the mediator can record the pertinent info and decisions in a variety of documents called:
- Open Financial Declaration
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 discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to document in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal suggestions on it. When this has actually taken place, one of the celebration’s lawyers will generally 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 variety of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everybody and the mediator and a party’s own solicitor will consider any problems which may make mediation challenging or unsuitable. 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 motivate the parties to set the program and confirm what they want to cover in mediation. You can attend to matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and manage its pace. You won’t have to wait months for the next date as can happen in a court process, and equally you can ensure you each have adequate time to look at monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has actually disliked the subtlety of why a specific idea may be much 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 interaction and an ongoing co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are encouraged to be open about options they want to think about. This typically leads to parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will also make sure and handle the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important method of solving family conflicts efficiently and agreeably and it ought to be something that is encouraged all year.