Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blog sites, analyze the crucial advantages of mediation and other approaches of conflict resolution as a method of solving the useful arrangements following separation.
The family mediation procedure
mediation normally begins 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 process and consider separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party individually (this is often called a Mediation Info Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The initial conferences are confidential and so the material will not be talked about with the other celebration.
First joint conference
following the specific meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Contract to Mediate type, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend on the concerns the parties want to cover but this will generally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In case an arrangement is reached, the mediator can tape the relevant info and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document 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 agreement reached in mediation is not legally binding till the parties have actually had independent legal advice on it. As soon as this has taken place, among the celebration’s attorneys will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits to the mediation process, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will consider any problems which might 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 motivate the parties to set the program and validate what they want to cover in mediation. You can address matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time between sessions and manage its pace. You will not have to wait months for the next date as can occur in a court process, and similarly you can ensure you each have adequate time to collate monetary disclosure and assess tips made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a specific suggestion might be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
mediation is a personal and private process which indicates that parties are motivated to be open about choices they want to think about. This usually results in parties making suggestions they would hesitate to make in court procedures. 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 cheaper and quicker than court proceedings. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will likewise guarantee and handle the procedure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital way of fixing family conflicts efficiently and amicably and it need to be something that is motivated all year.