Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blogs, examine the crucial advantages of mediation and other approaches of conflict resolution as a method of dealing with the practical arrangements following separation.
The family mediation process
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation process and think about independently with them whether there are any problems which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration independently (this is often called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a bit more about the mediation process. The initial conferences are private therefore the material will not be discussed with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Contract to Mediate kind, deal with any interim or pushing issues and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend upon the problems the parties wish to cover however this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape the pertinent information and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to record in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal advice on it. Once this has actually happened, one of the party’s lawyers will usually turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will consider any concerns which may make mediation hard or unsuitable. 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 want to cover in mediation. You can resolve matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time between sessions and manage its speed. You won’t have to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have sufficient time to collect financial disclosure and assess suggestions made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed choices where the judge may not have the power to impose similar plans or has actually not appreciated the subtlety of why a specific tip might be much better.
a mediator’s function is to assist in 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 developed to promote communication and an ongoing co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which means that parties are encouraged to be open about alternatives they want to consider. This typically results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will also guarantee and handle the procedure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can offer an indispensable method of dealing with family disagreements efficiently and agreeably and it must be something that is motivated all year.