Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blogs, analyze the key advantages of mediation and other methods of conflict resolution as a method of solving the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider separately with them whether there are any issues which would suggest that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Information Evaluation Satisfying (MIAM)) to discuss the background briefly and explain a bit more about the mediation process. The preliminary meetings are personal and so the content will not be gone over with the other party.
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Agreement to Mediate kind, handle any interim or pushing issues and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover however this will generally involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an arrangement is reached, the mediator can tape the relevant information and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file 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 want to record in respect of the daily care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal guidance on it. As soon as this has actually happened, among the party’s legal representatives will typically 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 variety of advantages to the mediation process, 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 think about any concerns which may make mediation difficult 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 confirm what they want to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You select the length of time in between sessions and handle its pace. You will not have 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 collate financial disclosure and review ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court enforced choices where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a specific recommendation might be better.
a mediator’s role is to facilitate a dialogue in between the parties and motivate ideas about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is developed to promote interaction and a continuous co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a confidential and private procedure which means that parties are motivated to be open about options they want to consider. This typically leads to parties making recommendations they would hesitate 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
Mediation can be more affordable and quicker than court proceedings if effective. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. The mediator will also handle the process and guarantee that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can provide an important method of dealing with family conflicts effectively and amicably and it ought to be something that is encouraged all year.