Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blog sites, analyze the crucial advantages of mediation and other approaches of dispute resolution as a method of resolving the practical arrangements following separation.
The family mediation process
Very first call
mediation normally begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider individually with them whether there are any concerns which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party separately (this is often called a Mediation Info Evaluation Meeting (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The initial meetings are personal and so the material will not be discussed with the other celebration.
following the private meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend on the concerns the parties wish to cover however this will typically involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that a contract is reached, the mediator can record the appropriate information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in respect of the daily care of their children.
Any agreement reached in mediation is not legally binding up until the parties have had independent legal guidance on it. Once this has actually happened, one of the party’s legal representatives will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of benefits 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 lawyer will think about any problems which might make mediation challenging or inappropriate. 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 confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You pick the length of time between sessions and handle its pace. You won’t need to wait months for the next date as can take place in a court process, and equally you can guarantee you each have enough time to collate monetary disclosure and review tips made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce comparable arrangements or has disliked the subtlety of why a particular recommendation might be 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 a continuous co-parenting relationship.
- Personal privacy
mediation is a private and personal process which indicates that parties are motivated to be open about choices they want to consider. This usually leads to parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is likewise a way of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will likewise manage the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can offer an important way of dealing with family disagreements successfully and amicably and it should be something that is motivated all year.