Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blogs, examine the key benefits of mediation and other approaches of disagreement resolution as a way of dealing with the practical plans following separation.
The family mediation process
mediation normally 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 procedure and consider individually with them whether there are any concerns which would suggest that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation process. The initial conferences are confidential therefore the material will not be gone over with the other celebration.
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Contract to Mediate kind, deal with any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties want to cover however this will usually involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can record the appropriate info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal advice on it. Once this has actually occurred, one of the party’s lawyers will usually 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 benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will consider any issues which may make mediation inappropriate or challenging. 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 agenda and verify what they wish to cover in mediation. You can resolve matters important 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 choose the length of time between sessions and manage its pace. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have enough time to collect monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court enforced decisions where the judge might not have the power to enforce comparable arrangements or has disliked the subtlety of why a particular suggestion may be much better.
a mediator’s function is to help with a discussion in between the parties and encourage ideas about the result. 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. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which suggests that parties are encouraged to be open about options they want to consider. This generally results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will likewise guarantee and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can offer a vital way of solving family disputes efficiently and amicably and it need to be something that is motivated all year.