Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blogs, take a look at the crucial benefits of mediation and other techniques of conflict resolution as a way of dealing with the practical plans following separation.
The family mediation procedure
mediation typically starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and consider separately with them whether there are any concerns which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and describe a little more about the mediation process. The initial meetings are confidential and so the material will not be gone over with the other party.
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is used to go through the Contract to Mediate kind, handle any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties wish to cover but this will generally involve discussion around the plans for the children followed by an evaluation 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 info and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall 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 parents 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. When this has actually taken place, one of the party’s lawyers will typically 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 number of advantages to the mediation process, some of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will consider any issues which may make mediation tough or inappropriate. 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 validate what they want to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and manage its pace. You will not need to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate time to collect monetary disclosure and assess ideas made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular tip 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 most likely that parties will be content with and stick to it. Mediation is developed to promote interaction 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.
mediation is a private and private procedure which implies that parties are motivated to be open about alternatives they wish to think about. This typically leads to parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be less expensive and quicker than court procedures if successful. By setting the program and choosing the number of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. The mediator will likewise ensure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply a vital way of dealing with family conflicts effectively and amicably and it should be something that is motivated all year.