Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, examine the essential advantages of mediation and other methods of conflict resolution as a method of fixing the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a short initial call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any concerns which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is often called a Mediation Information Assessment Satisfying (MIAM)) to discuss the background briefly and explain a bit more about the mediation process. The initial meetings are confidential and so the content will not be gone over with the other party.
following the individual conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate kind, handle any interim or pushing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties want to cover but 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.
On the occasion that an arrangement is reached, the mediator can record the pertinent details and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary 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 disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in respect of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. As soon as this has actually taken place, among the celebration’s legal representatives will typically 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 number of advantages to the mediation process, some of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own solicitor will think about any issues which might make mediation inappropriate or difficult. 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 encourage the parties to set the program and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time 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 enough time to collect monetary disclosure and assess recommendations made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular suggestion might be better.
a mediator’s role is to facilitate a dialogue between the parties and motivate tips about the result. 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 an ongoing co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private procedure which indicates that parties are motivated to be open about choices they want to think about. This normally results in parties making recommendations they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the procedure than when they become part of court proceedings. The mediator will likewise handle the procedure and guarantee that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can provide an indispensable way of resolving family disagreements successfully and amicably and it must be something that is motivated all year.