Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blogs, take a look at the key benefits of mediation and other approaches of dispute resolution as a way of solving the practical plans following separation.
The family mediation procedure
mediation typically starts with the mediator having a brief preliminary 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 concerns which would indicate that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Information Assessment Satisfying (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation process. The initial meetings are personal therefore the content will not be discussed with the other party.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Agreement to Moderate type, handle any interim or pushing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the problems the parties want to cover but this will normally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the pertinent info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations 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 moms and dads want to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal suggestions on it. Once this has actually happened, among the celebration’s lawyers will generally 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 advantages to the mediation process, some of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about 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 agenda and confirm what they wish to cover in mediation. You can address matters crucial 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 in between sessions and handle its speed. You won’t need to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge may not have the power to enforce comparable plans or has not appreciated the subtlety of why a specific idea may be better.
a mediator’s role is to assist in a dialogue in between the parties and encourage recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private process which implies that parties are motivated to be open about options they wish to think about. This generally leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have much more control over the process than when they are part of court proceedings. The mediator will also handle the procedure 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 offer a vital method of resolving family conflicts successfully and agreeably and it should be something that is motivated all year.