Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blogs, take a look at the essential advantages of mediation and other techniques of dispute resolution as a method of solving 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 function of this call is to talk to the parties about the mediation process and think about separately 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 separately (this is frequently called a Mediation Information Evaluation Fulfilling (MIAM)) to talk about the background briefly and explain a little bit more about the mediation procedure. The preliminary conferences are private therefore the material will not be discussed with the other party.
following the individual meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Moderate form, deal with any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend upon the concerns the parties want to cover but this will generally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can tape-record the pertinent info and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. When this has actually taken place, one of the celebration’s legal representatives will generally turn the Memorandum of Comprehending 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 listed below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will think about any concerns which may make mediation challenging 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 agenda and confirm what they wish to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time in between sessions and handle its rate. 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 look at financial disclosure and review tips made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce similar arrangements or has not appreciated the subtlety of why a specific idea may be much better.
a mediator’s function is to help with a discussion in between the parties and motivate recommendations about the result. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private procedure which suggests that parties are encouraged to be open about choices they want to think about. This normally results in parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have much more control over the procedure than when they become part of court procedures. The mediator will also manage the procedure and guarantee that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can provide an important way of solving family disagreements successfully and amicably and it need to be something that is motivated all year.