Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blog sites, analyze the essential benefits of mediation and other techniques of conflict resolution as a method of fixing the useful plans following separation.
The family mediation procedure
mediation normally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and consider independently with them whether there are any problems which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a bit more about the mediation process. The preliminary meetings are private and so the material will not be gone over with the other party.
First joint meeting
following the individual meetings, 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 Arrangement to Moderate form, handle any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend upon the concerns the parties want to cover however this will normally include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case a contract is reached, the mediator can tape the pertinent information and choices in a variety of documents 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 Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal recommendations on it. When this has actually happened, among the party’s legal representatives will generally 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 process, some of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will think about any issues which might make mediation challenging 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 confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and manage its pace. You will not need 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 assess recommendations made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a particular suggestion may be much better.
a mediator’s function is to facilitate a discussion between the parties and motivate ideas about the result. When a choice is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal procedure which means that parties are encouraged to be open about alternatives they want to consider. This normally results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the procedure than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will also manage the procedure and make sure that mediation does not continue.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can provide an indispensable method of fixing family disagreements efficiently and amicably and it should be something that is motivated all year.