Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, analyze the key advantages of mediation and other methods of conflict resolution as a way of fixing the useful plans following separation.
The family mediation process
Very first call
mediation generally starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any issues which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and explain a little more about the mediation procedure. The initial conferences are confidential and so the content will not be talked about with the other celebration.
First joint meeting
following the private conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very 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.
Further joint conferences
the focus of future conferences will depend upon the issues the parties wish to cover however this will typically involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape the pertinent details and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary information 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 general decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have had independent legal recommendations on it. As soon as this has occurred, one of 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 variety of benefits to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will consider any problems which may make mediation unsuitable or challenging. The benefits 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can deal with matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You select the length of time between sessions and manage its rate. You will not need to wait months for the next date as can happen in a court process, and similarly you can ensure you each have sufficient time to look at monetary disclosure and review ideas made.
- Decisions reached in mediation can be customized to suit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a specific suggestion might be much better.
a mediator’s role is to help with a dialogue between the parties and motivate recommendations about the outcome. 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 interaction and an ongoing 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.
- Personal privacy
mediation is a private and personal process which suggests that parties are motivated to be open about alternatives they want to consider. This normally results in parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise handle the process 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 a vital method of solving family conflicts efficiently and amicably and it must be something that is encouraged all year.