Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blogs, analyze the crucial benefits of mediation and other methods of dispute resolution as a method of resolving the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to 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 preliminary calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to discuss the background briefly and discuss a little 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 individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate form, handle any interim or pushing issues and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend upon the concerns the parties wish to cover but this will generally include conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that a contract is reached, the mediator can tape the pertinent details and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to document in regard of the day to day care of their children.
Any arrangement reached in mediation is not legally binding until the parties have had independent legal advice on it. As soon as this has happened, one of the party’s legal representatives will usually turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will think about any concerns which might make mediation difficult 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 validate what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to collect monetary disclosure and review tips made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular recommendation might be better.
a mediator’s function is to help with a discussion in between the parties and encourage ideas about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and personal procedure which indicates that parties are encouraged to be open about options they want to consider. This typically results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have much more control over the procedure than when they are part of court proceedings. The mediator will also make sure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an indispensable method of solving family conflicts efficiently and amicably and it ought to be something that is encouraged all year.