Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blogs, analyze the key advantages of mediation and other methods of disagreement resolution as a way of resolving the useful arrangements following separation.
The family mediation procedure
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 problems which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are confidential therefore the material will not be gone over with the other party.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Contract to Mediate type, deal with any interim or pushing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover but this will typically involve discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape the relevant information and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in respect of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have actually had independent legal recommendations on it. Once this has happened, one of the party’s lawyers 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, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own solicitor will think about any issues which may make mediation unsuitable or challenging. 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can address matters essential to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t need 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 collate monetary disclosure and assess ideas made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has actually not appreciated the subtlety of why a particular tip may be better.
a mediator’s function is to facilitate a dialogue in between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal process which means that parties are encouraged to be open about alternatives they want to consider. This normally leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court proceedings. The mediator will likewise manage the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can supply a vital method of fixing family disputes effectively and amicably and it need to be something that is motivated all year.