Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blogs, analyze the crucial benefits of mediation and other approaches of disagreement resolution as a method of solving the practical arrangements following separation.
The family mediation process
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 with the parties about the mediation procedure and think about individually with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Info Assessment Fulfilling (MIAM)) to discuss the background briefly and discuss a bit more about the mediation procedure. The initial conferences are personal and so the content will not be talked about with the other celebration.
following the private meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Contract to Mediate kind, handle any interim or pressing issues and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend on the problems the parties want to cover however this will generally involve conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the relevant info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general choices 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 moms and dads 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 had independent legal guidance on it. When this has actually happened, one of the celebration’s attorneys will usually 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 advantages to the mediation procedure, some of which are set out below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any problems which might make mediation unsuitable or difficult. The benefits 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 confirm 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 scheduled a time and location practical to you and the mediator. You choose the length of time between sessions and manage its pace. You will not need to wait months for the next date as can take place in a court process, and similarly you can ensure you each have sufficient time to collect monetary disclosure and assess suggestions made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has disliked the subtlety of why a specific tip might be better.
a mediator’s role is to facilitate a discussion in between the parties and encourage ideas about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and private process which indicates that parties are motivated to be open about choices they wish to think about. This usually results in parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if successful. 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 procedure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital way of fixing family conflicts efficiently and agreeably and it ought to be something that is motivated all year.