Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blogs, examine the essential advantages of mediation and other techniques of conflict resolution as a way of fixing the practical plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a brief initial call with each of the parties. The purpose 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 suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The preliminary meetings are personal therefore the material will not be talked about with the other party.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate type, deal with any interim or pressing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties wish to cover but this will typically involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the appropriate details and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details 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 overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to record in respect of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal advice on it. As soon as this has occurred, among the celebration’s attorneys 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 variety of advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will consider any issues which may make mediation inappropriate or hard. The benefits 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 agenda and verify what they wish to cover in mediation. You can address matters crucial to your own family and those which may 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 pick the length of time between sessions and manage its rate. You won’t have to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have adequate time to collect financial disclosure and assess ideas made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court imposed decisions where the judge may not have the power to enforce similar arrangements or has actually disliked the subtlety of why a particular suggestion might be much better.
a mediator’s role is to facilitate a discussion between the parties and motivate ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is particularly crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which implies that parties are motivated to be open about choices they wish to think about. This generally results in parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the program and choosing the number of sessions you have, parties have far more control over the process than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the process and guarantee that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an important way of fixing family disagreements successfully and amicably and it ought to be something that is encouraged all year.