Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blogs, analyze the crucial advantages of mediation and other techniques of dispute resolution as a method of resolving the useful arrangements 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 purpose of this call is to talk to the parties about the mediation procedure and consider independently with them whether there are any issues which would suggest that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Information Assessment Fulfilling (MIAM)) to discuss the background briefly and explain a little more about the mediation process. The preliminary conferences are private therefore the material will not be talked about with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is used to go through the Arrangement to Moderate type, deal with any interim or pushing problems and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the issues the parties wish to cover however this will generally include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape-record the pertinent information and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. Once this has actually occurred, among the celebration’s legal representatives will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of benefits to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own lawyer will consider any issues which may make mediation difficult or inappropriate. 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 agenda and verify what they want to cover in mediation. You can resolve matters important to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You choose the length of time between sessions and handle its pace. You will not have 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 monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar plans or has disliked the subtlety of why a particular 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 a continuous co-parenting relationship.
mediation is a confidential and personal process which means that parties are encouraged to be open about choices they wish to think about. This usually leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile customers, it is also a method of keeping details 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 agenda and selecting the number of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. The mediator will likewise guarantee and handle the procedure 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 offer a vital method of fixing family disputes efficiently and agreeably and it should be something that is motivated all year.