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, examine the crucial advantages of mediation and other approaches of dispute resolution as a way of dealing with the practical plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any concerns which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Information Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little bit more about the mediation process. The preliminary conferences are personal and so the material will not be discussed with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend on the problems the parties want to cover but this will generally include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the appropriate information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal guidance on it. Once this has actually happened, among the party’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 procedure, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will consider any issues which might make mediation hard or inappropriate. 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 motivate the parties to set the program and verify what they wish to cover in mediation. You can attend to 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 convenient to you and the mediator. You select the length of time in between sessions and handle its speed. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have enough time to collect financial disclosure and assess tips made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific recommendation might be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and confidential process which suggests that parties are encouraged to be open about options they want to think about. This usually results in 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 public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the process than when they become part of court procedures. The mediator will also manage the process and make sure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide an invaluable way of dealing with family conflicts successfully and agreeably and it must be something that is motivated all year.