Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blog sites, examine the crucial benefits of mediation and other techniques of conflict resolution as a method of resolving the practical plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and think about individually with them whether there are any issues which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Details Assessment Meeting (MIAM)) to talk about the background briefly and describe a little more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be talked about with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate kind, deal with any interim or pushing concerns and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend on 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 exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary details 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 general decisions reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal advice on it. Once this has taken place, one of the party’s legal representatives will typically turn the Memorandum of Understanding 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, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will consider any concerns which might make mediation unsuitable or challenging. 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 wish to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and manage its pace. You will not have to wait months for the next date as can happen in a court process, and equally you can ensure you each have sufficient time to collect monetary disclosure and assess tips made.
- Decisions reached in mediation can be customized 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 not appreciated the subtlety of why a particular recommendation might be better.
a mediator’s function is to help with a dialogue in between the parties and encourage recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which implies that parties are encouraged to be open about options they wish to think about. This generally leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have a lot more control over the process than when they become part of court procedures. The mediator will likewise guarantee and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital way of resolving family conflicts successfully and amicably and it must be something that is encouraged all year.