Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blog sites, analyze the crucial benefits of mediation and other approaches of disagreement resolution as a method of dealing with the useful plans following separation.
The family mediation process
mediation generally begins with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider independently with them whether there are any issues which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation process. The initial meetings are private therefore the content will not be discussed with the other party.
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate type, deal with any interim or pressing problems and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the problems the parties want to cover however this will usually include discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape the pertinent details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. Once this has happened, one of the celebration’s attorneys will usually 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 advantages to the mediation process, a few of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will consider any issues which may make mediation hard 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 encourage the parties to set the program and validate what they want to cover in mediation. You can resolve 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 location practical to you and the mediator. You select the length of time in between sessions and handle its speed. You won’t have to wait months for the next date as can occur in a court process, and equally you can guarantee you each have enough time to collect financial disclosure and assess suggestions 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 enforce similar arrangements or has disliked the subtlety of why a particular suggestion may be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
mediation is a personal and confidential process which suggests that parties are encouraged to be open about choices they want to think about. This generally leads to parties making recommendations 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 general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the process than when they become part of court proceedings. The mediator will also manage the procedure and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important way of dealing with family disputes successfully and agreeably and it need to be something that is encouraged all year.