Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blog sites, analyze the essential benefits of mediation and other techniques of conflict resolution as a way of solving the useful arrangements following separation.
The family mediation process
Very first call
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any issues which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party independently (this is often called a Mediation Info Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a bit more about the mediation procedure. The initial meetings are private therefore the material will not be gone over with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate kind, deal with any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend on the issues the parties wish to cover however this will usually include conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can tape the relevant information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations 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 plans for the children and any other matters parents want to document in regard of the daily care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have had independent legal advice on it. As soon as this has actually taken place, among the party’s legal representatives will generally 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 procedure, some of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any issues which may make mediation unsuitable or tough. The advantages 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 motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick the length of time between sessions and manage its rate. You won’t need to wait months for the next date as can happen in a court process, and equally you can guarantee you each have enough time to collate financial disclosure and assess recommendations made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge may not have the power to enforce similar arrangements or has disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to help with a discussion between the parties and encourage suggestions 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 interaction and an ongoing co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a confidential and private procedure which means that parties are encouraged to be open about choices they want to think about. This usually leads to parties making suggestions they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the program and choosing the variety of sessions you have, parties have far more control over the process than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise handle the process and ensure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable method of solving family disagreements successfully and agreeably and it must be something that is motivated all year.