Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a way of fixing the practical arrangements following separation.
The family mediation procedure
mediation generally begins 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 consider separately with them whether there are any problems which would suggest that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The initial conferences are personal and so the material will not be gone over with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Agreement to Mediate type, handle any interim or pressing issues and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover however this will normally include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can record the appropriate details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. When this has occurred, among 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 benefits of family mediation
There are a variety of benefits to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will consider any issues which may make mediation hard or unsuitable. 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 program and validate what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time between sessions and handle its rate. You will not have to wait months for the next date as can occur in a court process, and equally you can guarantee you each have sufficient time to collect financial disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a particular idea might be better.
When a choice 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 interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and private procedure which suggests that parties are motivated to be open about choices they wish to consider. This generally results in parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the agenda and picking the variety of sessions you have, parties have far more control over the procedure than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will likewise manage the procedure and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important way of dealing with family disputes successfully and amicably and it need to be something that is encouraged all year.