Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, analyze the crucial benefits of mediation and other methods of conflict resolution as a way of dealing with the practical arrangements following separation.
The family mediation procedure
mediation generally begins with the mediator having a short initial call with each of the parties. The purpose 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 initial calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are personal therefore the content 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 first conference is utilized to go through the Contract to Moderate type, deal with any interim or pushing problems and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the problems the parties wish to cover however this will generally include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can record the appropriate information and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have actually had independent legal advice on it. Once this has taken place, one of the party’s legal representatives will typically turn the Memorandum of Understanding 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 listed below. Mediation is not right for everybody and a party and the mediator’s own lawyer will think about any problems which may make mediation tough 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 encourage the parties to set the program and verify what they want to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time in between sessions and manage its rate. 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 adequate time to look at monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific suggestion might be much better.
a mediator’s function is to help with a discussion between the parties and motivate recommendations about the result. When a decision 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 a continuous co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private process which means that parties are encouraged to be open about alternatives they wish to consider. This typically results in parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the program and picking the number of sessions you have, parties have a lot more control over the procedure than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise handle the procedure and guarantee that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can provide a vital way of dealing with family disagreements effectively and agreeably and it must be something that is encouraged all year.