Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, take a look at the key benefits of mediation and other approaches of dispute resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation normally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and think about independently with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party independently (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a bit more about the mediation procedure. The initial conferences are private and so the material will not be discussed with the other party.
following the individual conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Arrangement to Moderate type, deal with any interim or pushing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend on the issues the parties wish to cover however this will normally include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape-record the relevant information and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. When this has happened, among 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 benefits of family mediation
There are a number of advantages to the mediation procedure, some of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will consider any problems which might 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 encourage the parties to set the program and confirm what they wish 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 place practical to you and the mediator. You select the length of time between sessions and manage its pace. 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 sufficient time to look at financial disclosure and assess suggestions made.
- Choices reached in mediation can be tailored to match your family. This is in contrast to court enforced choices where the judge may not have the power to enforce similar plans or has actually not appreciated the subtlety of why a particular idea might be better.
a mediator’s function is to assist in a discussion in between the parties and motivate suggestions 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 communication and an ongoing co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal process which implies that parties are motivated to be open about alternatives they wish to consider. This normally leads to parties making tips they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the agenda and choosing the number of sessions you have, parties have much more control over the process than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise guarantee and manage the procedure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can provide a vital method of dealing with family disputes efficiently and agreeably and it ought to be something that is motivated all year.