Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, examine the crucial benefits of mediation and other approaches of conflict resolution as a method of dealing with the practical plans following separation.
The family mediation process
mediation generally begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and consider individually with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each party independently (this is often called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and discuss a little more about the mediation process. The initial meetings are confidential therefore the content will not be gone over with the other celebration.
following the private meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Mediate form, handle any interim or pushing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will typically include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have had independent legal guidance on it. As soon as this has taken place, among the celebration’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 benefits of family mediation
There are a variety of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any concerns which might make mediation tough or inappropriate. The benefits 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 program 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 process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You pick the length of time between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have enough time to collect monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to enforce comparable plans or has not appreciated the subtlety of why a specific tip might be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship.
mediation is a confidential and personal procedure which suggests that parties are encouraged to be open about choices they want to consider. This generally results in parties making tips they would be reluctant to make in court procedures. For high profile customers, it is likewise a way 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 program and choosing the number of sessions you have, parties have much more control over the process than when they become part of court procedures. The mediator will also ensure and manage the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an invaluable way of fixing family disputes efficiently and agreeably and it should be something that is motivated all year.