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 essential advantages of mediation and other techniques of conflict resolution as a way of fixing the useful arrangements following separation.
The family mediation process
mediation generally begins with the mediator having a short preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about independently with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and explain a bit more about the mediation procedure. The preliminary conferences are confidential and so the content will not be gone over with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Agreement to Moderate type, handle 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 problems the parties want to cover however this will normally involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case an arrangement is reached, the mediator can record the appropriate information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices 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 document in regard of the daily care of their children.
Any contract reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. Once this has actually occurred, among the party’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 benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will consider any concerns which may make mediation unsuitable or hard. 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 program and validate what they wish to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You pick the length of time between sessions and manage its speed. You will not have to wait months for the next date as can happen in a court process, and similarly you can ensure you each have enough time to collect financial disclosure and review ideas made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable plans or has disliked the subtlety of why a particular idea might be better.
a mediator’s role is to assist in a discussion in between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and confidential process which indicates that parties are encouraged to be open about options they wish to think about. This typically results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the process than when they are part of court procedures. The mediator will also ensure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide an important method of resolving family disputes effectively and agreeably and it need to be something that is encouraged all year.