Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blogs, analyze the essential benefits of mediation and other approaches of dispute resolution as a method of resolving the practical plans following separation.
The family mediation process
Very first call
mediation typically 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 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 conference with each party independently (this is often called a Mediation Information Evaluation Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The initial meetings are private and so the content will not be gone over with the other party.
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 very first meeting is utilized to go through the Agreement to Mediate type, handle any interim or pushing issues and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover but this will normally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case a contract is reached, the mediator can tape-record the appropriate information and decisions in a number of files called:
- Open Financial Statement
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 Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. Once this has happened, one of the party’s attorneys will normally turn the Memorandum of Comprehending 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 process, some of which are set out below. Mediation is not right for everybody and a party and the mediator’s own lawyer will think about any concerns which might make mediation unsuitable or challenging. The advantages 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 program and validate what they wish to cover in mediation. You can address matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and handle its speed. You will not need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have enough time to collect monetary disclosure and review tips made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court enforced choices where the judge might not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a particular idea might be better.
a mediator’s role is to facilitate a discussion in between the parties and encourage tips about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and personal process which suggests that parties are encouraged to be open about alternatives they want to think about. This usually results in parties making tips they would be reluctant to make in court procedures. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise guarantee and handle the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of solving family disputes efficiently and agreeably and it need to be something that is motivated all year.