Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, analyze the essential advantages of mediation and other techniques of dispute resolution as a way of resolving the useful plans following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about individually with them whether there are any problems which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Information Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The initial meetings are private therefore the content will not be discussed with the other party.
First joint meeting
following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Contract to Moderate form, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties wish to cover but this will normally involve conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the pertinent information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding till the parties have actually had independent legal advice on it. Once this has actually happened, among the celebration’s lawyers will typically 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 advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will think about any issues which may make mediation unsuitable or challenging. 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 motivate the parties to set the program and verify what they wish to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place practical to you and the mediator. You choose the length of time in between sessions and manage its speed. You will not need to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have adequate time to collate monetary disclosure and assess suggestions made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge may not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular recommendation may be better.
a mediator’s role is to assist in a discussion in between the parties and encourage tips about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is particularly crucial 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 procedure which suggests that parties are encouraged to be open about alternatives they want to consider. This generally results in 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 effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. The mediator will also manage the procedure and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can offer an important method of solving family disputes efficiently and amicably and it should be something that is motivated all year.