Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blogs, examine the key benefits of mediation and other approaches of disagreement resolution as a way of dealing with the useful plans following separation.
The family mediation process
mediation normally starts 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 consider separately with them whether there are any concerns which would suggest that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to discuss the background briefly and discuss a bit more about the mediation procedure. The initial conferences are private and so the content will not be gone over with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Contract to Moderate form, deal with any interim or pressing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the problems the parties want to cover but this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the relevant details and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial information 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 decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has happened, among the celebration’s lawyers will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of advantages to the mediation procedure, a few of which are set out listed below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will consider any concerns which might make mediation inappropriate or difficult. The advantages 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 verify what they wish to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You pick the length of time in between sessions and manage its rate. You will not need to wait months for the next date as can happen in a court process, and equally you can guarantee you each have enough time to look at financial disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to match your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce similar plans or has actually not appreciated the subtlety of why a specific idea might be 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 created to promote interaction and a continuous co-parenting relationship.
mediation is a personal and confidential process which implies that parties are motivated to be open about options they want to think about. This normally results in parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be more affordable and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have far more control over the process than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will also guarantee and manage the process that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can supply an invaluable method of resolving family disagreements efficiently and amicably and it should be something that is motivated all year.