Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blogs, examine the crucial advantages of mediation and other approaches of conflict resolution as a way of solving the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about separately with them whether there are any problems which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Details Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a bit more about the mediation process. The initial conferences are confidential and so the content will not be gone over with the other party.
following the specific meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Arrangement to Mediate type, deal with any interim or pressing issues and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend upon the issues the parties want to cover however this will typically involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the relevant details and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in respect of the everyday care of their children.
Any agreement reached in mediation is not legally binding until the parties have had independent legal suggestions on it. Once this has actually taken place, among the party’s lawyers will typically 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 process, some of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will consider any problems which may make mediation challenging 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 agenda and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and handle its speed. You won’t need to wait months for the next date as can take place in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular tip might be much better.
a mediator’s role is to assist in a dialogue in between the parties and encourage ideas 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 created to promote communication and an ongoing co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private procedure which implies that parties are encouraged to be open about options they wish to consider. This generally results in parties making ideas 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 public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the agenda and selecting the number of sessions you have, parties have much more control over the procedure than when they become part of court procedures. The mediator will also manage the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an invaluable way of dealing with family conflicts successfully and amicably and it should be something that is motivated all year.