Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, analyze the key benefits of mediation and other methods of dispute resolution as a way of resolving the practical plans following separation.
The family mediation procedure
mediation usually begins 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 procedure and think about individually with them whether there are any issues which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party separately (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are confidential and so the content will not be discussed with the other party.
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Moderate form, deal with any interim or pushing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties want to cover but this will usually involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the appropriate details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want 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 guidance on it. As soon as this has actually taken place, among the celebration’s lawyers will usually 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 advantages to the mediation process, a few of which are set out below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will think about any problems which may make mediation challenging or inappropriate. The benefits 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 agenda and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time between sessions and manage its pace. You will not have to wait months for the next date as can occur in a court process, and equally you can guarantee you each have sufficient time to look at financial disclosure and review ideas made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce comparable arrangements or has disliked the subtlety of why a specific tip may be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote interaction and a continuous co-parenting relationship.
mediation is a private and private process which suggests that parties are motivated to be open about options they wish to consider. This usually leads to parties making recommendations they would hesitate to make in court proceedings. 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 selecting the variety of sessions you have, parties have a lot more control over the process than when they belong to court proceedings. The mediator will likewise manage the procedure and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer an indispensable method of dealing with family disputes successfully and amicably and it need to be something that is motivated all year.