Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blog sites, analyze the key advantages of mediation and other methods of conflict resolution as a way of fixing the practical plans following separation.
The family mediation process
mediation typically begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider individually with them whether there are any concerns which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Info Assessment Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be talked about with the other party.
First joint conference
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 utilized to go through the Agreement to Mediate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend on the problems the parties wish to cover however this will usually include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the pertinent details and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the day to day care of their children.
Any contract reached in mediation is not lawfully binding until the parties have had independent legal advice on it. As soon as this has happened, one of the party’s lawyers will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits to the mediation process, some of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will consider any issues which may make mediation challenging or inappropriate. 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 motivate the parties to set the agenda and confirm what they wish 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 arranged for a time and location convenient to you and the mediator. You pick the length of time between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have enough time to look at monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable plans or has not appreciated the subtlety of why a particular recommendation may be better.
a mediator’s role is to facilitate a discussion between the parties and encourage tips about the outcome. 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 a continuous co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and confidential procedure which indicates that parties are encouraged to be open about options they wish to consider. This typically leads to parties making ideas 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.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the procedure than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will also ensure and manage the process that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important way of fixing family disputes efficiently and agreeably and it must be something that is motivated all year.