Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, take a look at the crucial benefits of mediation and other methods of dispute resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
Very first call
mediation typically starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about independently with them whether there are any problems which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration separately (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation procedure. The initial meetings are private and so the material will not be discussed with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate form, deal with any interim or pushing concerns and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend on the concerns the parties wish 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 expedition of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the appropriate information and choices in a number of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall 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 parents want to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. When this has occurred, among the party’s legal representatives will generally turn the Memorandum of Comprehending 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 process, a few of which are set out below. Mediation is not right for everybody and the mediator and a party’s own lawyer will think about any problems which might make mediation challenging 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 motivate the parties to set the agenda and verify what they wish to cover in mediation. You can attend to matters important to your own family and those which might 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 in between sessions and manage its pace. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have enough time to collect monetary disclosure and review tips made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar arrangements or has disliked the subtlety of why a specific idea may be better.
a mediator’s role is to facilitate a discussion in between the parties and motivate ideas about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is especially important 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 procedure which implies that parties are encouraged to be open about choices they want to consider. This usually results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the agenda and picking the number of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will also guarantee and handle the procedure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an indispensable way of fixing family disputes effectively and amicably and it must be something that is motivated all year.