Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blog sites, examine the key advantages of mediation and other approaches of conflict resolution as a method of solving the practical plans following separation.
The family mediation process
mediation typically begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider individually with them whether there are any problems which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The initial meetings are confidential and so the content will not be gone over with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate type, deal with any interim or pushing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will usually include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent details and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads 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 happened, one of the party’s legal representatives will generally 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 benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will think about any concerns which may 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 program and confirm what they wish to cover in mediation. You can deal with matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and manage its rate. 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 look at monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a specific recommendation may be much 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 an ongoing co-parenting relationship.
- Personal privacy
mediation is a private and personal procedure which implies that parties are motivated to be open about choices they want to think about. This usually leads to parties making tips they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have far more control over the process than when they belong to court proceedings. The mediator will likewise make sure and manage the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an important method of fixing family disputes successfully and agreeably and it must be something that is motivated all year.