Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, analyze the crucial benefits of mediation and other approaches of dispute resolution as a method of dealing with the useful arrangements following separation.
The family mediation process
mediation normally starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider independently with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Info Assessment Fulfilling (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial meetings are personal and so the material will not be talked about 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 very first meeting is used to go through the Agreement to Moderate type, deal with any interim or pressing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties want to cover but this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the appropriate details and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. Once this has actually taken place, among the party’s attorneys will typically turn the Memorandum of Understanding 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 process, a few of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any concerns which may make mediation tough 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 program and verify what they want to cover in mediation. You can deal with 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 hassle-free to you and the mediator. You choose the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate time to collect financial disclosure and reflect on tips made.
- Choices reached in mediation can be tailored to suit your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific idea might 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 developed to promote communication and an ongoing co-parenting relationship.
mediation is a private and private process which suggests that parties are motivated to be open about alternatives they wish to think about. This generally leads to parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the program and selecting the number of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. The mediator will also manage the procedure and guarantee that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can offer a vital method of resolving family disagreements successfully and agreeably and it should be something that is motivated all year.