Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, take a look at the key benefits of mediation and other techniques of conflict resolution as a method of dealing with the practical arrangements following separation.
The family mediation procedure
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider individually with them whether there are any problems which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party separately (this is often called a Mediation Details Evaluation Satisfying (MIAM)) to go over the background briefly and discuss a bit more about the mediation procedure. The initial conferences are private therefore the content will not be talked about with the other celebration.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Agreement to Mediate form, deal with any interim or pressing problems and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the concerns the parties want to cover however this will typically include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
In the event that an agreement is reached, the mediator can record the relevant details and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice file 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 record in respect of the everyday care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal guidance on it. When this has taken place, among the celebration’s legal representatives will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation procedure, some of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will consider any problems which may make mediation tough 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 essential 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 convenient to you and the mediator. You choose the length of time between sessions and manage its pace. You won’t have to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have enough time to collect financial disclosure and assess ideas made.
- Decisions reached in mediation can be tailored to suit your family. This is in contrast to court enforced choices where the judge may not have the power to impose similar plans or has actually not appreciated the subtlety of why a particular suggestion may be better.
a mediator’s role is to help with a dialogue between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which means that parties are motivated to be open about alternatives they want to think about. This typically results in parties making ideas they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and choosing the variety of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise make sure and handle the procedure that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can supply an invaluable way of solving family disputes successfully and amicably and it ought to be something that is encouraged all year.