Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blog sites, analyze the essential advantages of mediation and other approaches of conflict resolution as a method of fixing the useful arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider individually with them whether there are any issues which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The preliminary meetings are confidential therefore the content will not be talked about with the other celebration.
First joint conference
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 utilized to go through the Agreement to Moderate type, deal with any interim or pushing concerns and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend upon the issues the parties wish to cover however this will generally involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can record the appropriate information and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure provided. 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 procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to document in regard of the day to day 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, one of the party’s attorneys 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 variety of advantages to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will consider any issues which might make mediation difficult 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 encourage the parties to set the program and verify what they want to cover in mediation. You can resolve 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 pick the length of time between sessions and handle its speed. You will not have to wait months for the next date as can happen in a court process, and similarly you can ensure you each have adequate time to collate monetary disclosure and review ideas made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed choices where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a particular suggestion might be better.
a mediator’s function is to help with a discussion in between the parties and motivate tips about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and confidential procedure which suggests that parties are encouraged to be open about options they wish to think about. This normally leads to parties making ideas they would be reluctant 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.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and picking the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will also manage the process and ensure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can offer an important way of solving family disagreements effectively and amicably and it ought to be something that is motivated all year.