Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, examine the essential benefits of mediation and other techniques of conflict resolution as a method of fixing the useful arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about separately with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The initial conferences are personal therefore the material will not be discussed with the other celebration.
First joint meeting
following the individual conferences, 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 Agreement to Moderate type, handle any interim or pressing issues and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend on the issues the parties wish to cover however this will generally involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape the appropriate details and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
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 Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in respect of the everyday care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal guidance on it. Once this has actually occurred, among the party’s attorneys 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 advantages to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own lawyer will think about any concerns which might make mediation challenging 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 verify what they want to cover in mediation. You can address matters crucial to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You choose the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have enough time to look at monetary disclosure and assess ideas made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court enforced choices where the judge may not have the power to impose similar arrangements or has disliked the subtlety of why a specific suggestion might be much better.
a mediator’s function is to help with a discussion in between the parties and motivate recommendations about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly important 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 motivated to be open about options they wish to think about. This normally results in parties making suggestions they would hesitate 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
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and picking the number of sessions you have, parties have far more control over the procedure than when they belong to court proceedings. The mediator will also handle the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide an important method of resolving family conflicts successfully and agreeably and it need to be something that is encouraged all year.