Today marks the end of family mediation week. In this blog we summarise the mediation process and, as considered in our historical blog sites, analyze the crucial advantages of mediation and other approaches of conflict resolution as a method of solving the practical plans following separation.
The family mediation process
mediation normally starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and consider individually with them whether there are any concerns which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Info Assessment Fulfilling (MIAM)) to talk about the background briefly and discuss a bit more about the mediation process. The preliminary conferences are private therefore the material will not be discussed with the other celebration.
First joint meeting
following the private meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Agreement to Moderate kind, handle any interim or pushing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the issues the parties wish to cover however this will typically include conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that an arrangement is reached, the mediator can tape the relevant information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in respect 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 celebration’s attorneys will normally 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 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 might make mediation tough or inappropriate. 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 agenda and verify what they wish to cover in mediation. You can resolve matters crucial 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 convenient to you and the mediator. You choose the length of time in 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 similarly you can ensure you each have adequate time to look at monetary disclosure and assess suggestions made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge may not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a specific suggestion might be much better.
a mediator’s role is to help with a dialogue 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 adhere to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and private procedure which indicates that parties are encouraged to be open about choices they want to consider. This normally results in parties making suggestions they would hesitate to make in court procedures. 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 less expensive and quicker than court proceedings if successful. By setting the program and choosing the number of sessions you have, parties have much more control over the process than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will also manage the procedure and guarantee that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can offer an important method of fixing family disagreements successfully and amicably and it must be something that is encouraged all year.