Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historical blogs, take a look at the essential benefits of mediation and other techniques of conflict resolution as a way of solving the useful arrangements following separation.
The family mediation procedure
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider separately with them whether there are any issues which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party separately (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The preliminary meetings are confidential and so the material will not be discussed with the other celebration.
following the specific conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Mediate type, handle any interim or pressing problems and to set the program for future sessions.
Further joint conferences
the focus of future conferences will depend on the issues the parties want to cover but this will normally involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can record the relevant info and choices in a number of documents called:
- Open Financial Statement
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 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 procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the day to day care of their children.
Any agreement reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. As soon as this has taken place, among the celebration’s legal representatives will usually turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any concerns which might make mediation unsuitable or challenging. The benefits 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can address matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You pick the length of time between sessions and handle 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 ensure you each have sufficient time to collate financial disclosure and review recommendations made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a particular idea might be better.
a mediator’s function is to assist in a discussion in between the parties and motivate tips about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote communication and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private procedure which means that parties are encouraged to be open about alternatives they want to consider. This usually leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will likewise handle the procedure 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 supply an important method of solving family conflicts effectively and agreeably and it ought to be something that is motivated all year.