Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blogs, take a look at the crucial advantages of mediation and other techniques of dispute resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and consider independently with them whether there are any issues which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to discuss the background briefly and explain a little more about the mediation process. The preliminary conferences are personal therefore the material will not be gone over with the other celebration.
First joint conference
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 utilized to go through the Contract to Mediate kind, deal with any interim or pushing concerns and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend on the problems the parties want to cover but this will generally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can record the relevant info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to document in respect of the everyday care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal recommendations on it. Once this has actually happened, among the celebration’s lawyers will normally 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 procedure, a few of which are set out listed below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any issues which might make mediation challenging or unsuitable. The advantages 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 encourage the parties to set the agenda and confirm what they want to cover in mediation. You can attend to matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You choose the length of time in between sessions and handle its pace. You will not need to wait months for the next date as can occur in a court process, and equally you can ensure you each have adequate time to look at financial disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge may not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a specific tip may be much better.
a mediator’s function is to help with a dialogue between the parties and encourage suggestions about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote interaction and a continuous co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which indicates that parties are motivated to be open about options they wish to consider. This generally leads to parties making suggestions they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and choosing the number of sessions you have, parties have far more control over the process than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the procedure and ensure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can supply an invaluable way of fixing family disputes effectively and amicably and it need to be something that is encouraged all year.