Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blog sites, examine the key benefits of mediation and other methods of disagreement resolution as a method of dealing with the useful arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a little more about the mediation process. The preliminary conferences are private therefore the content will not be talked about with the other celebration.
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate form, deal with any interim or pushing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties wish to cover however this will usually involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal recommendations on it. As soon as this has actually happened, one of the party’s lawyers will generally 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 procedure, some of which are set out below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will consider any problems which might make mediation tough or unsuitable. The advantages 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 attend to matters crucial to your own family and those which may not otherwise matter 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 handle its rate. You will not need to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have enough time to collect monetary disclosure and assess tips made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar arrangements or has actually disliked the subtlety of why a specific suggestion may be much better.
a mediator’s role is to facilitate a dialogue in between the parties and encourage recommendations about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is designed to promote communication 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 indicates that parties are encouraged to be open about options they want to consider. This normally results in parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is also a method of keeping information of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the program and selecting the variety of sessions you have, parties have far more control over the process than when they belong to court procedures. The mediator will likewise ensure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable way of dealing with family conflicts effectively and agreeably and it need to be something that is motivated all year.