Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blog sites, take a look at the essential advantages of mediation and other approaches of disagreement resolution as a way of dealing with the useful plans following separation.
The family mediation process
mediation typically starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider independently with them whether there are any problems which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party separately (this is frequently called a Mediation Details Assessment Meeting (MIAM)) to go over the background briefly and explain a little more about the mediation process. The preliminary conferences are personal and so the material will not be gone over with the other party.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Agreement to Moderate form, handle any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties want to cover but 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 monetary settlement.
In the event that an arrangement is reached, the mediator can tape the relevant details and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general 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 wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. Once this has occurred, one of the celebration’s lawyers will generally turn the Memorandum of Comprehending 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 below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will think about any issues which may make mediation inappropriate or challenging. 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 confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time between sessions and handle its speed. You will not need to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to collect monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge may not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular recommendation might be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and private procedure which means that parties are motivated to be open about alternatives they want to consider. This generally results in parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the program and choosing 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 also manage the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in suitable cases it can supply an indispensable method of dealing with family disagreements successfully and amicably and it need to be something that is encouraged all year.