Today marks the end of family mediation week. In this blog we summarise the mediation process and, as considered in our historical blogs, analyze the key advantages of mediation and other techniques of conflict resolution as a method of solving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally begins with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about separately with them whether there are any issues which would suggest that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to discuss the background briefly and explain a little more about the mediation procedure. The preliminary conferences are confidential and so the material will not be discussed with the other party.
First joint conference
following the individual conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate type, handle any interim or pushing problems and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend on the concerns the parties want to cover however this will generally include conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the pertinent info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal guidance on it. Once this has taken place, among the party’s legal representatives will generally 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 benefits to the mediation process, some of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own solicitor will consider any concerns which may make mediation unsuitable or hard. 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 confirm what they wish 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 arranged for a time and location practical to you and the mediator. You pick the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can happen in a court process, and equally you can ensure you each have enough time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar plans or has disliked the subtlety of why a specific idea may be much better.
a mediator’s function is to help with a discussion between the parties and motivate tips about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is particularly important 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 implies that parties are encouraged to be open about options they want to think about. This typically leads to parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the agenda and picking the number of sessions you have, parties have a lot more control over the process than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will likewise make sure and manage the procedure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an important method of fixing family disputes efficiently and agreeably and it need to be something that is motivated all year.