Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, analyze the essential advantages of mediation and other approaches of conflict resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a short initial call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and think about separately with them whether there are any problems which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party individually (this is frequently called a Mediation Information Evaluation Satisfying (MIAM)) to go over the background briefly and explain a little more about the mediation procedure. The initial meetings are confidential therefore the content will not be gone over with the other celebration.
First joint meeting
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Arrangement to Mediate kind, deal with 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 concerns the parties want to cover but this will generally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the pertinent information and choices in a number of files called:
- Open Financial Statement
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 total decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding up until the parties have actually had independent legal recommendations on it. Once this has actually occurred, among the party’s lawyers will generally 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 procedure, some of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any issues which might make mediation difficult or inappropriate. 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 motivate the parties to set the program and confirm what they want to cover in mediation. You can resolve matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can happen in a court procedure, and similarly you can ensure you each have enough time to collate financial disclosure and reflect on suggestions made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular idea may be better.
a mediator’s function is to assist in a dialogue between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a confidential and personal procedure which indicates that parties are encouraged to be open about options they want to consider. This generally leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. The mediator will also manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can offer a vital way of dealing with family disputes effectively and amicably and it need to be something that is motivated all year.