Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blogs, analyze the essential benefits of mediation and other methods of conflict resolution as a way of fixing the useful plans following separation.
The family mediation procedure
mediation typically begins with the mediator having a short initial call with each of the parties. The function of this call is to talk 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 celebration independently (this is frequently called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The initial conferences are private and so the content will not be gone over with the other party.
First joint meeting
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Agreement to Moderate form, handle any interim or pressing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover but this will typically involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that an arrangement is reached, the mediator can record the pertinent information and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ financial info as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to document in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal guidance on it. When this has occurred, among the celebration’s lawyers 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 number of advantages to the mediation process, some of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any issues which may make mediation unsuitable or hard. 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 encourage the parties to set the program and verify what they wish to cover in mediation. You can address matters important to your own family and those which may not otherwise matter in a court procedure.
- 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 occur in a court process, and similarly you can guarantee you each have adequate time to collate financial disclosure and assess tips made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable plans or has actually disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to assist in a dialogue between the parties and motivate suggestions about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote interaction 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 personal and private process which indicates that parties are encouraged to be open about options they wish to think about. This generally results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also ensure and manage the process that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply a vital way of resolving family conflicts efficiently and agreeably and it need to be something that is motivated all year.