Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historical blog sites, analyze the key advantages of mediation and other approaches of disagreement resolution as a method of solving the useful arrangements following separation.
The family mediation process
Very first call
mediation generally starts with the mediator having a short initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider separately with them whether there are any problems which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party individually (this is often called a Mediation Details Assessment Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The initial conferences are private and so the material will not be talked about with the other party.
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate type, handle any interim or pushing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will usually involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an agreement is reached, the mediator can record the relevant info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in regard 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. As soon as this has taken place, among the celebration’s lawyers will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will consider any issues which may make mediation tough or inappropriate. The benefits include:
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 validate what they wish to cover in mediation. You can attend to matters crucial 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 select the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court process, and equally you can ensure you each have sufficient time to collate financial disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has disliked the subtlety of why a specific recommendation might be better.
a mediator’s role is to assist in a dialogue between the parties and encourage recommendations about the result. When a choice 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 essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private process which indicates that parties are encouraged to be open about options they want to think about. This generally leads to parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if successful. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will likewise manage the procedure and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can provide a vital method of fixing family conflicts successfully and amicably and it ought to be something that is motivated all year.