Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blog sites, analyze the essential advantages of mediation and other methods of conflict resolution as a way of solving the practical arrangements following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and consider individually with them whether there are any issues 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 Details Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little more about the mediation process. The initial conferences are private and so the content will not be talked about with the other party.
First joint meeting
following the specific meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate kind, deal with any interim or pushing concerns and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend upon the problems the parties want to cover but this will generally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can record the pertinent information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to document in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal recommendations on it. When this has actually taken place, among the party’s legal representatives 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 variety of benefits to the mediation procedure, some 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 problems which might make mediation challenging or inappropriate. The advantages 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 encourage the parties to set the agenda and confirm what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have sufficient time to collect monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge might not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a specific recommendation may be better.
a mediator’s role is to facilitate a dialogue in 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 stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal procedure which implies that parties are motivated to be open about options they wish to think about. This normally results in parties making recommendations they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and picking the number of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will also manage the procedure and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can offer an indispensable method of solving family conflicts efficiently and amicably and it need to be something that is encouraged all year.