Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blog sites, analyze the key advantages of mediation and other methods of conflict resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
Very first call
mediation usually starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about independently with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and explain a bit more about the mediation procedure. The preliminary meetings are confidential and so the content will not be talked about with the other party.
First joint meeting
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate type, handle any interim or pushing problems and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the issues the parties want to cover but this will typically include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape the relevant details and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in respect of the everyday care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal recommendations on it. As soon as this has actually taken place, among the party’s attorneys will typically 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 number of benefits to the mediation process, some of which are set out below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will think about any problems which may make mediation challenging or inappropriate. 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 program and validate what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick the length of time in between sessions and manage its pace. You will not have to wait months for the next date as can occur in a court procedure, 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 suit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a specific idea may be much better.
a mediator’s role is to help with a discussion 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 stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which implies that parties are encouraged to be open about choices they wish to think about. This typically results in parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the program and choosing the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the procedure and make sure that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable method of dealing with family disputes effectively and agreeably and it ought to be something that is encouraged all year.