Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blogs, examine the crucial advantages of mediation and other approaches of dispute resolution as a method of solving the useful plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about individually with them whether there are any issues which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration individually (this is often called a Mediation Details Assessment Fulfilling (MIAM)) to talk about the background briefly and explain a bit more about the mediation procedure. The initial conferences are confidential and so the content will not be gone over with the other celebration.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate kind, handle any interim or pushing problems and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the problems the parties wish to cover however this will usually include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the pertinent information and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding up until the parties have had independent legal guidance on it. As soon as this has actually happened, among the party’s lawyers will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation process, some of which are set out below. Mediation is not right for everyone and the mediator and a party’s own lawyer will think about any issues which might make mediation inappropriate or hard. The benefits consist of:
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 confirm 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 process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You pick the length of time between sessions and manage its pace. You will not need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to look at financial disclosure and reflect on tips made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has actually disliked the subtlety of why a particular tip might be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship.
mediation is a private and private procedure which implies that parties are encouraged to be open about options they wish to think about. This normally leads to parties making ideas 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
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and picking the variety of sessions you have, parties have much more control over the procedure than when they become part of court procedures. The mediator will likewise ensure and handle the procedure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can provide an invaluable method of resolving family conflicts effectively and agreeably and it ought to be something that is motivated all year.