Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blog sites, analyze the key advantages of mediation and other methods of dispute resolution as a way of fixing the useful arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider separately with them whether there are any concerns which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration separately (this is frequently called a Mediation Info Assessment Fulfilling (MIAM)) to go over the background briefly and explain a little bit more about the mediation process. The initial conferences are private therefore the content will not be talked about with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Agreement to Mediate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend upon the issues the parties wish to cover but this will normally involve discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case a contract is reached, the mediator can tape-record the pertinent info and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ monetary details 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 total decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal advice on it. Once this has actually taken place, among 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, a few of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any issues which might make mediation unsuitable or difficult. 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 motivate the parties to set the agenda and verify what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have sufficient time to collect monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose comparable plans or has actually not appreciated the subtlety of why a particular idea might be much better.
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.
- Personal privacy
mediation is a confidential and personal procedure which indicates that parties are motivated to be open about choices they wish to consider. This usually results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and picking the variety of sessions you have, parties have a lot more control over the process than when they are part of court procedures. The mediator will also ensure and manage the process 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 provide an indispensable method of solving family disagreements effectively and amicably and it ought to be something that is encouraged all year.