Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blog sites, analyze the essential advantages of mediation and other methods of conflict resolution as a method of dealing with the practical arrangements following separation.
The family mediation procedure
mediation usually starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and consider separately with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each party independently (this is frequently called a Mediation Info Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little bit more about the mediation procedure. The initial conferences are confidential therefore the content will not be talked about with the other celebration.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Arrangement to Moderate form, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover but this will normally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape-record the pertinent info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in respect of the day to day care of their children.
Any agreement reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. Once this has actually taken place, among the party’s legal representatives 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 variety of advantages to the mediation process, a few of which are set out below. Mediation is not right for everyone and the mediator and a party’s own lawyer will consider any issues which may make mediation tough or unsuitable. 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 program and confirm what they wish to cover in mediation. You can address matters important 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 hassle-free to you and the mediator. You select the length of time between sessions and handle its speed. You won’t need to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce comparable arrangements or has disliked the subtlety of why a particular tip might be much better.
a mediator’s role is to assist in a dialogue between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote communication and a continuous 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 personal and confidential procedure which means that parties are encouraged to be open about choices they wish to think about. This typically leads to parties making suggestions they would hesitate to make in court procedures. For high profile clients, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the program and picking the number of sessions you have, parties have a lot more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will likewise manage the procedure and guarantee that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an indispensable way of fixing family disputes efficiently and agreeably and it must be something that is motivated all year.