Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historical blogs, analyze the crucial benefits of mediation and other approaches of disagreement resolution as a method of solving the practical plans following separation.
The family mediation process
mediation normally starts 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 think about independently with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and explain a little bit more about the mediation procedure. The preliminary meetings are private and so the material will not be discussed with the other celebration.
First joint conference
following the specific conferences, 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 Moderate form, handle any interim or pushing issues 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 however this will usually include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape-record the pertinent info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal suggestions on it. When this has actually taken place, among the party’s legal representatives will typically 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 number of advantages to the mediation process, a few of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any problems which might make mediation tough or inappropriate. The advantages 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 agenda and confirm what they wish to cover in mediation. You can address matters crucial to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You pick the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can happen in a court process, and similarly you can ensure you each have enough time to collect financial disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific tip might be 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 designed to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a confidential and personal procedure which means that parties are motivated to be open about alternatives they wish to consider. This usually leads to parties making tips they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the procedure than when they are part of court proceedings. The mediator will also make sure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an important method of fixing family disagreements successfully and amicably and it should be something that is encouraged all year.