Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, analyze the crucial advantages of mediation and other approaches of disagreement resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and think about independently with them whether there are any issues which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Fulfilling (MIAM)) to talk about the background briefly and explain a bit more about the mediation procedure. The initial meetings are confidential and so the content will not be talked about with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Mediate form, deal with any interim or pressing issues and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend on the issues 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 exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the pertinent info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. As soon as this has actually taken place, among the party’s legal representatives will typically 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 number of benefits to the mediation procedure, some of which are set out below. Mediation is not right for everybody and the mediator and a celebration’s own solicitor will consider any issues which may make mediation hard or inappropriate. The advantages 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 address matters important to your own family and those which might not otherwise be relevant in a court process.
- 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 need to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to look at monetary disclosure and assess suggestions made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court enforced decisions where the judge may not have the power to impose comparable arrangements or has disliked the subtlety of why a specific recommendation may be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a private and personal process which implies that parties are motivated to be open about options they want to consider. This usually results in parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the procedure than when they become part of court procedures. The mediator will likewise manage the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable method of resolving family conflicts successfully and amicably and it ought to be something that is encouraged all year.