Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blogs, take a look at the crucial benefits of mediation and other approaches of disagreement resolution as a way of resolving the practical plans following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about independently with them whether there are any issues which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party separately (this is typically called a Mediation Details Assessment Satisfying (MIAM)) to go over the background briefly and discuss a little more about the mediation procedure. The preliminary conferences are personal therefore the material will not be discussed with the other party.
following the private conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate kind, handle any interim or pushing issues and to set the program for future sessions.
Further joint conferences
the focus of future conferences will depend on the issues the parties wish to cover but this will usually involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can tape the pertinent information and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to record in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has actually occurred, one of 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 advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own lawyer will think about any problems which may make mediation inappropriate 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 program and verify what they wish to cover in mediation. You can address matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You pick the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can occur in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and review ideas made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge might not have the power to impose similar plans or has disliked the subtlety of why a particular tip might be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
mediation is a confidential and private procedure which implies that parties are motivated to be open about alternatives they want to think about. This typically results in parties making tips they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the program and choosing the variety of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. The mediator will also manage the process and make sure 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 offer an invaluable method of solving family conflicts successfully and amicably and it should be something that is encouraged all year.