Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historic blog sites, examine the key advantages of mediation and other methods of conflict resolution as a method of resolving the practical arrangements following separation.
The family mediation procedure
mediation typically begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and consider independently with them whether there are any concerns which would suggest that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Info Assessment Meeting (MIAM)) to discuss the background briefly and describe a little more about the mediation procedure. The preliminary meetings are personal therefore the content will not be talked about with the other celebration.
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 Agreement to Mediate kind, handle any interim or pressing issues and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the issues the parties wish to cover however this will normally include conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape the pertinent details and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal recommendations on it. Once this has actually occurred, one of the celebration’s legal representatives will generally turn the Memorandum of Understanding 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 procedure, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will consider any issues which may make mediation unsuitable or challenging. 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 motivate the parties to set the program and verify what they want to cover in mediation. You can address matters crucial to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You choose the length of time between sessions and handle its rate. You will not need to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have sufficient time to look at financial disclosure and review suggestions made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular recommendation might be better.
a mediator’s function is to help with a discussion in between the parties and encourage ideas about the result. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is especially important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private procedure which indicates that parties are encouraged to be open about options they wish to think about. This normally results in parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. The mediator will likewise handle the process and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in appropriate cases it can supply an important method of solving family disagreements efficiently and amicably and it should be something that is motivated all year.