Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blogs, examine the key advantages of mediation and other techniques of dispute resolution as a way of solving the practical arrangements following separation.
The family mediation procedure
mediation typically starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about independently with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party independently (this is often called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a little more about the mediation process. The preliminary conferences are personal and so the material will not be discussed with the other celebration.
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Contract to Mediate type, handle any interim or pressing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover but this will typically include conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape-record the appropriate info and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents want to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding until the parties have actually had independent legal guidance on it. Once this has actually occurred, one of the celebration’s lawyers will normally turn the Memorandum of Understanding 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 process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will consider any concerns which might make mediation challenging or inappropriate. The advantages 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 program and validate what they want to cover in mediation. You can address matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You pick the length of time in between sessions and manage its speed. You won’t have to wait months for the next date as can happen in a court process, and similarly you can ensure you each have sufficient time to collate financial disclosure and assess tips made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular suggestion might be better.
a mediator’s function is to assist in a discussion in between the parties and motivate recommendations about the outcome. 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.
- Personal privacy
mediation is a confidential and personal procedure which implies that parties are encouraged to be open about alternatives they want to think about. This normally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the program and picking the number of sessions you have, parties have a lot more control over the process than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will likewise guarantee and manage the procedure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can supply an indispensable way of resolving family disagreements efficiently and agreeably and it need to be something that is motivated all year.