Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blog sites, examine the crucial benefits of mediation and other methods of dispute resolution as a way of solving the useful plans following separation.
The family mediation process
Very first call
mediation usually starts 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 indicate that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to go over the background briefly and explain a little bit more about the mediation procedure. The initial conferences are personal and so the material will not be talked about with the other party.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Contract to Moderate kind, deal with any interim or pressing issues and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover but this will typically involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent info and decisions in a variety 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 document.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. When this has happened, one of the celebration’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 advantages of family mediation
There are a number of benefits 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 problems which may make mediation inappropriate or hard. The advantages consist of:
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 verify what they want to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You pick the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to look at financial disclosure and assess tips made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar plans or has actually not appreciated the subtlety of why a particular idea might be better.
a mediator’s function is to help with a discussion between the parties and motivate ideas about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal procedure which means that parties are encouraged to be open about choices they want to think about. This usually leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping information 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 choosing the variety of sessions you have, parties have far more control over the process than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise guarantee and handle the procedure that mediation does not continue.
Although family mediation has been in focus today with #FamilyMediationweek, in proper cases it can supply an indispensable method of dealing with family disagreements effectively and agreeably and it should be something that is encouraged all year.