Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blog sites, analyze the key advantages of mediation and other approaches of conflict resolution as a method of solving the practical arrangements following separation.
The family mediation process
mediation typically starts 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 process and think about individually with them whether there are any problems which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party separately (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial meetings are confidential and so the content will not be discussed with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Arrangement to Moderate form, handle any interim or pushing concerns and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will usually include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape the relevant details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices 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 moms and dads wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal guidance on it. Once this has happened, one of the celebration’s lawyers will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a celebration’s own solicitor will consider any problems which might make mediation inappropriate or tough. 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 encourage the parties to set the program and verify what they want to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You pick the length of time between sessions and manage its rate. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have enough time to collect financial disclosure and assess tips made.
- Choices reached in mediation can be tailored to suit your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar plans or has actually disliked the subtlety of why a specific suggestion might be better.
a mediator’s role is to assist in a dialogue between the parties and motivate 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 communication and a continuous co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and personal process which implies that parties are motivated to be open about options they want to think about. This usually results in parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the process than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will also manage the process and make sure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an indispensable way of dealing with family conflicts efficiently and agreeably and it should be something that is encouraged all year.