Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blog sites, analyze the essential benefits of mediation and other methods of disagreement resolution as a method of solving the practical plans following separation.
The family mediation procedure
mediation typically 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 individually with them whether there are any concerns which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and explain a little more about the mediation procedure. The initial conferences are private therefore the material will not be talked about with the other party.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate kind, deal with any interim or pushing issues and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties want to cover but this will normally include discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can tape-record the appropriate details and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice document 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 want to document in regard of the everyday care of their children.
Any contract reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. When this has happened, one of the party’s legal representatives 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 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 celebration’s own lawyer will consider any concerns which might make mediation hard or unsuitable. 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 encourage the parties to set the program and confirm what they want to cover in mediation. You can attend to 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 practical to you and the mediator. You choose 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 procedure, and similarly you can guarantee you each have enough time to collate financial disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced choices where the judge might not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific idea may be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship.
mediation is a confidential and personal procedure which means that parties are encouraged to be open about choices they want to think about. This generally leads to parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will likewise guarantee and handle the procedure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital method of resolving family disagreements efficiently and amicably and it should be something that is encouraged all year.