Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blog sites, examine the crucial advantages of mediation and other methods of conflict resolution as a way of solving the practical arrangements following separation.
The family mediation procedure
mediation typically starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about independently with them whether there are any concerns which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party separately (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation process. The preliminary conferences are personal therefore the content will not be talked about with the other celebration.
following the individual conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate type, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend on the issues the parties want to cover however this will normally include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the relevant info and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements 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 legally binding until the parties have had independent legal advice on it. When this has actually occurred, among the party’s legal representatives 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, a few of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will consider any concerns which may make mediation challenging or inappropriate. 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 want to cover in mediation. You can resolve matters crucial to your own family and those which may 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 manage its speed. You will not have to wait months for the next date as can take place in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and reflect on ideas 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 impose similar plans or has not appreciated the subtlety of why a specific idea might be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship.
mediation is a personal and personal procedure which implies that parties are encouraged to be open about options they wish to consider. This normally results in parties making ideas they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the agenda and picking the variety of sessions you have, parties have far more control over the process than when they become part of court procedures. The mediator will likewise ensure and manage the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable way of dealing with family conflicts effectively and amicably and it must be something that is motivated all year.