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, take a look at the crucial benefits of mediation and other techniques of conflict resolution as a method of dealing with the useful plans following separation.
The family mediation process
Very first call
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider independently with them whether there are any problems which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party independently (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and discuss a bit more about the mediation process. The initial meetings are personal and so the material will not be talked about with the other party.
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is utilized to go through the Agreement to Mediate kind, handle any interim or pressing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the concerns the parties want to cover however this will typically involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can record the pertinent information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the everyday care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal recommendations on it. Once this has occurred, one of the party’s legal representatives will normally 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 advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will think about any issues which might make mediation unsuitable or tough. 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 agenda and confirm what they wish to cover in mediation. You can deal with matters important 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 place convenient to you and the mediator. You choose the length of time in between sessions and handle its pace. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have adequate time to look at financial disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed decisions where the judge might not have the power to impose comparable plans or has not appreciated the subtlety of why a particular suggestion may be 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 communication and a continuous co-parenting relationship.
mediation is a personal and personal procedure which implies that parties are motivated to be open about options they wish to consider. This generally leads to parties making recommendations they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the agenda and selecting the number of sessions you have, parties have much more control over the process than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will also ensure and handle the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an important way of dealing with family conflicts efficiently and amicably and it need to be something that is motivated all year.