Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blogs, analyze the key advantages of mediation and other approaches of disagreement resolution as a method of solving the useful plans following separation.
The family mediation procedure
mediation generally begins with the mediator having a short preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation process and think about independently with them whether there are any problems which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Info Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The initial meetings are private and so the material will not be talked about with the other celebration.
First joint conference
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Arrangement to Moderate form, deal with any interim or pressing issues and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the problems the parties want to cover however this will typically involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape the relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to document in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have had independent legal recommendations on it. Once this has occurred, among the party’s lawyers will normally 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 procedure, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own solicitor will think about any concerns which might make mediation hard 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 agenda and validate what they want to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and handle its rate. You will not need to wait months for the next date as can take place in a court process, and similarly you can ensure you each have adequate time to collate financial disclosure and review recommendations made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular tip might be better.
a mediator’s role is to assist in a dialogue in between the parties and encourage ideas about the result. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which suggests that parties are encouraged to be open about choices they want to think about. This typically leads to parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and choosing the number of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. The mediator will also manage the process and make sure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an invaluable way of resolving family conflicts effectively and agreeably and it should be something that is encouraged all year.