Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, take a look at the essential benefits of mediation and other techniques of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation typically begins with the mediator having a brief preliminary 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 issues which would imply that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Information Assessment Satisfying (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The preliminary conferences are confidential and so the material will not be gone over with the other party.
following the specific meetings, 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 Moderate form, deal with any interim or pushing problems and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend upon the problems the parties wish 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 exploration of possible financial settlement.
In the event that a contract is reached, the mediator can tape the appropriate info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. As soon as this has actually occurred, among the celebration’s lawyers will usually 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, a few of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any issues which might make mediation tough 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose 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 process, and similarly you can ensure you each have enough time to collate financial disclosure and reflect on tips made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has not appreciated the subtlety of why a particular tip may be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
mediation is a personal and confidential procedure which means that parties are encouraged to be open about options they want to consider. This generally results in parties making tips they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the program and selecting the number of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. The mediator will likewise handle the process and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can provide an important way of solving family disputes effectively and agreeably and it ought to be something that is encouraged all year.