Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blogs, take a look at the essential benefits of mediation and other approaches of dispute resolution as a way of solving the useful arrangements following separation.
The family mediation process
mediation typically begins with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider independently with them whether there are any issues which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is typically called a Mediation Details Assessment Fulfilling (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The initial meetings are private and so the material will not be gone over with the other party.
First joint conference
following the private conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Mediate form, deal with any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will typically include 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 arrangement is reached, the mediator can tape-record the relevant information and choices in a number of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall choices reached. This is a without prejudice file 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 record in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have had independent legal advice on it. As soon as this has occurred, among the celebration’s attorneys will usually 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 variety of benefits to the mediation process, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will think about any problems which might make mediation challenging or inappropriate. The benefits 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 verify what they wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time between sessions and manage its rate. 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 enough time to collate monetary disclosure and reflect on ideas made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has disliked the subtlety of why a particular idea may 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 personal process which implies that parties are encouraged to be open about choices they wish to think about. This typically leads to parties making recommendations they would be reluctant to make in court procedures. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise make sure and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable method of resolving family conflicts efficiently and amicably and it must be something that is motivated all year.