Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blog sites, take a look at the key benefits of mediation and other methods of conflict resolution as a method of solving the useful plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a short initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and think about independently with them whether there are any problems which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party separately (this is frequently called a Mediation Information Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial conferences are personal and so the content will not be talked about with the other party.
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate kind, handle any interim or pressing problems and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the concerns the parties want to cover but this will normally involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In case an agreement is reached, the mediator can record the pertinent information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal suggestions on it. Once this has actually occurred, one of the celebration’s attorneys will generally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will think about any problems which may make mediation unsuitable or difficult. 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 program and confirm what they want to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise matter in a court process.
- 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 manage its pace. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have enough time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce similar arrangements or has disliked the subtlety of why a specific recommendation may 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.
mediation is a personal and private procedure which suggests that parties are encouraged to be open about options they want to consider. This usually leads to parties making tips they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the program and picking the variety of sessions you have, parties have much more control over the process than when they are part of court procedures. The mediator will also guarantee and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an indispensable method of dealing with family disagreements successfully and amicably and it must be something that is encouraged all year.