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, analyze the essential advantages of mediation and other techniques of disagreement resolution as a way of solving the practical plans following separation.
The family mediation process
mediation generally starts with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and consider individually with them whether there are any problems which would mean that mediation is not proper.
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 describe a bit more about the mediation procedure. The preliminary meetings are private and so the material will not be discussed with the other party.
First joint meeting
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate type, deal with any interim or pressing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the concerns the parties want to cover however this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to document in respect of the day to day care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal advice on it. Once this has actually taken place, among the celebration’s legal representatives will normally 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, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will think about any concerns which may make mediation difficult or unsuitable. 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 encourage the parties to set the program and confirm what they wish to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You pick the length of time between sessions and handle its pace. You won’t need to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have enough time to collate monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a particular recommendation might be better.
a mediator’s role is to assist in a discussion in between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and personal procedure which suggests that parties are encouraged to be open about choices they wish to consider. This generally leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also manage the process and guarantee that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an important way of fixing family conflicts efficiently and amicably and it should be something that is motivated all year.