Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, analyze the key benefits of mediation and other techniques of dispute resolution as a way of solving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider separately with them whether there are any problems which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party independently (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The preliminary conferences are private therefore the content will not be discussed with the other party.
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate form, handle any interim or pressing problems and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the problems the parties want to cover however this will usually include discussion 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 pertinent details and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to document in respect of the everyday care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has actually taken place, among the celebration’s legal representatives will normally 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 benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will think about any problems which may make mediation inappropriate or tough. 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 program and validate what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t have to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have adequate time to look at financial disclosure and review ideas made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific tip may be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and personal process which suggests that parties are encouraged to be open about alternatives they wish to think about. This generally leads to parties making ideas they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will also handle the procedure and guarantee that mediation does not continue.
Although family mediation has been in focus today with #FamilyMediationweek, in appropriate cases it can supply an indispensable way of solving family disputes efficiently and amicably and it should be something that is encouraged all year.