Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historic blog sites, take a look at the key benefits of mediation and other techniques of conflict resolution as a way of dealing with the useful arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and think about independently with them whether there are any concerns which would mean that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a bit more about the mediation procedure. The preliminary conferences are confidential therefore the content will not be talked about 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 very first meeting is utilized to go through the Agreement to Moderate form, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the issues the parties want to cover but this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can tape the relevant information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have had independent legal advice on it. As soon as this has actually happened, among the party’s legal representatives 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 number 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 celebration’s own solicitor will consider any issues which might make mediation tough or unsuitable. 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 wish to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You select the length of time between sessions and handle its rate. You won’t have to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have sufficient time to collect monetary disclosure and review tips made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed decisions where the judge might not have the power to impose similar plans or has disliked the subtlety of why a particular suggestion might be better.
a mediator’s function is to help with a discussion between the parties and motivate recommendations about the outcome. When a decision 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 a continuous co-parenting relationship. This is especially essential 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 process which implies that parties are encouraged to be open about alternatives they want to consider. This usually leads to parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have far more control over the process than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise ensure and manage the process that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of fixing family conflicts effectively and amicably and it ought to be something that is encouraged all year.