Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blogs, analyze the key benefits of mediation and other approaches of conflict resolution as a method of dealing with the useful arrangements following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and think about individually with them whether there are any problems which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party separately (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation process. The initial meetings are private and so the material will not be talked about with the other celebration.
First joint conference
following the private conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Contract to Mediate type, deal with any interim or pressing concerns and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover however this will generally involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape-record the relevant information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice file 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 want to document in respect of the everyday 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 taken place, one of the party’s legal representatives 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 not right for everybody and the mediator and a celebration’s own lawyer will consider any concerns which may make mediation inappropriate or hard. The benefits 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 address matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You pick the length of time between sessions and handle its pace. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have sufficient time to collate monetary disclosure and review recommendations made.
- Choices reached in mediation can be tailored to fit your family. This remains 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 particular tip may be better.
a mediator’s role is to facilitate a discussion between the parties and motivate ideas about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous 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.
mediation is a private and private procedure which suggests that parties are motivated to be open about options they wish to consider. This usually leads to parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the program and choosing the variety of sessions you have, parties have much more control over the process than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise handle the procedure and ensure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply a vital way of dealing with family disputes effectively and amicably and it need to be something that is encouraged all year.