Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blogs, examine the essential advantages of mediation and other approaches of conflict resolution as a way of solving the practical plans following separation.
The family mediation procedure
Very first call
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and consider individually with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and describe a bit more about the mediation procedure. The initial conferences are confidential and so the material will not be gone over with the other celebration.
following the private meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Contract to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
Further joint conferences
the focus of future conferences will depend on the concerns the parties want to cover however this will usually include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape-record the relevant information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general choices reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in respect of the everyday care of their children.
Any contract reached in mediation is not legally binding until the parties have actually had independent legal guidance on it. Once this has actually occurred, among 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 benefits of family mediation
There are a variety of benefits to the mediation procedure, some of which are set out below. Mediation is not right for everybody and the mediator and a party’s own lawyer will consider any problems which may 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 encourage the parties to set the program and validate what they wish to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time between sessions and handle its pace. You will not have to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and assess recommendations made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge may not have the power to impose comparable arrangements or has disliked the subtlety of why a particular suggestion may be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
mediation is a confidential and private process which suggests that parties are encouraged to be open about choices they wish to consider. This usually results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have much more control over the process than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will also manage the procedure and guarantee that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can supply a vital method of solving family disagreements successfully and agreeably and it should be something that is motivated all year.