Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blogs, examine the crucial advantages of mediation and other methods of disagreement resolution as a method of dealing with the useful plans following separation.
The family mediation process
mediation generally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider individually with them whether there are any concerns which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a bit more about the mediation procedure. The preliminary meetings are confidential and so the content will not be gone over with the other celebration.
First joint conference
following the specific meetings, if the parties wish 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 concerns and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover however this will typically involve 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 agreement is reached, the mediator can record the appropriate information and choices in a number of files called:
- Open Financial Statement
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 discussions in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. As soon as this has happened, one of the celebration’s attorneys will typically 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 variety of advantages to the mediation process, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will consider any concerns which might make mediation difficult or unsuitable. 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 program and verify what they want 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 scheduled a time and place practical to you and the mediator. You select the length of time in between sessions and handle its speed. You won’t have to wait months for the next date as can occur in a court process, and similarly you can ensure you each have enough time to look at monetary disclosure and assess tips made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to impose similar plans or has actually disliked the subtlety of why a particular suggestion might be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and personal procedure which implies that parties are motivated to be open about choices they wish to think about. This typically results in parties making suggestions they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the process than when they are 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.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can supply a vital way of resolving family disagreements efficiently and agreeably and it ought to be something that is encouraged all year.