Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a way of solving the practical plans following separation.
The family mediation procedure
mediation normally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and consider independently with them whether there are any concerns which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration individually (this is often called a Mediation Details Assessment Meeting (MIAM)) to talk about the background briefly and explain a little more about the mediation process. The initial meetings are personal therefore the material will not be discussed with the other party.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate type, deal with any interim or pressing problems and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover however this will normally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the relevant information and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal suggestions on it. As soon as this has 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 advantages of family mediation
There are a variety of advantages to the mediation process, a few of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any concerns which might make mediation inappropriate or tough. 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 agenda and confirm what they want to cover in mediation. You can address matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time between sessions and manage its speed. You won’t have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have enough time to look at financial disclosure and review ideas made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court enforced choices where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular recommendation might be better.
a mediator’s function is to assist in a dialogue between the parties and encourage suggestions about the result. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and private procedure which indicates that parties are encouraged to be open about options they wish to consider. This normally results in parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and selecting the number of sessions you have, parties have far more control over the process than when they belong to court procedures. The mediator will likewise manage the process and guarantee 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 supply a vital way of fixing family disputes effectively and amicably and it should be something that is encouraged all year.