Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, analyze the essential benefits of mediation and other approaches of dispute resolution as a method of solving the practical plans following separation.
The family mediation process
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider individually with them whether there are any issues which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and discuss a little more about the mediation process. The initial meetings are confidential and so the content will not be discussed with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate kind, handle any interim or pushing issues and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon 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 financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the appropriate details and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have actually had independent legal advice on it. When this has occurred, one of the celebration’s lawyers will normally 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 variety of advantages to the mediation process, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any issues which might make mediation inappropriate or challenging. 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time between sessions and handle its pace. You will not need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have adequate time to look at monetary disclosure and assess tips made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose similar plans or has disliked the subtlety of why a specific recommendation may be much better.
a mediator’s role is to facilitate a discussion 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 particularly crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and confidential procedure which implies that parties are encouraged to be open about choices they want to think about. This normally results in parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will likewise manage the procedure and make sure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can provide an invaluable method of fixing family disagreements effectively and amicably and it need to be something that is encouraged all year.