Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blog sites, take a look at the key benefits of mediation and other methods of dispute resolution as a way of resolving the useful arrangements following separation.
The family mediation process
mediation typically starts 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 process and consider individually with them whether there are any issues which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each party independently (this is often called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and describe a little more about the mediation procedure. The initial meetings are confidential therefore the material will not be talked about with the other celebration.
First joint conference
following the specific 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 Agreement to Mediate form, handle any interim or pressing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the concerns the parties wish to cover but this will usually involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent details and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. As soon as this has taken place, one of the celebration’s attorneys 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 advantages to the mediation process, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will consider any issues which may make mediation unsuitable or challenging. The advantages 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 agenda and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free 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 similarly you can ensure you each have sufficient time to collate monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar arrangements or has actually disliked the subtlety of why a specific tip may be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship.
mediation is a confidential and private process which indicates that parties are encouraged to be open about alternatives they want to think about. This usually leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the program and selecting the number of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. The mediator will also handle the process and make sure 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 a vital way of fixing family conflicts successfully and amicably and it ought to be something that is encouraged all year.