Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blog sites, analyze the key benefits of mediation and other approaches of disagreement resolution as a method of solving the practical arrangements following separation.
The family mediation procedure
mediation normally starts 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 think about independently with them whether there are any problems which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is often called a Mediation Information Assessment Meeting (MIAM)) to talk about the background briefly and describe a little more about the mediation procedure. The preliminary meetings are personal and so the material will not be gone over with the other celebration.
following the private conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first meeting is utilized to go through the Arrangement to Moderate type, handle any interim or pressing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend on the problems the parties want to cover but this will typically include discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In case an arrangement is reached, the mediator can record the appropriate information and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have actually had independent legal advice on it. When this has happened, among the party’s legal representatives will normally 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 benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will think about any problems which might make mediation tough or unsuitable. The benefits 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 deal with matters important to your own family and those which may 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 handle its pace. You won’t have to wait months for the next date as can occur in a court process, and similarly you can ensure you each have adequate time to look at financial disclosure and assess ideas made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose comparable plans or has actually not appreciated the subtlety of why a particular idea might be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and personal process which implies that parties are motivated to be open about choices they want to think about. This generally leads to parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the agenda and selecting the variety of sessions you have, parties have much more control over the process than when they become part of court proceedings. The mediator will also manage the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can offer an important method of resolving family disagreements successfully and amicably and it should be something that is encouraged all year.