Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, analyze the essential benefits of mediation and other techniques of disagreement resolution as a method of resolving the practical arrangements following separation.
The family mediation process
mediation typically begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider independently with them whether there are any concerns which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Details Assessment Meeting (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation procedure. The initial meetings are private therefore the content will not be gone over with the other celebration.
following the specific meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate kind, deal with any interim or pushing issues and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties wish to cover however this will typically involve discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape the pertinent details and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have had independent legal guidance on it. When this has happened, among the celebration’s attorneys 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 variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own solicitor will think about any issues which may make mediation unsuitable or challenging. 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 encourage the parties to set the program and validate 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 process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time in between sessions and handle its rate. You won’t have to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have enough time to look at monetary disclosure and review recommendations made.
- Decisions reached in mediation can be tailored to fit your family. This remains 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 idea might be better.
a mediator’s role is to help with a dialogue in between the parties and motivate ideas about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stick 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 process which means that parties are motivated to be open about options they wish to consider. This normally results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive 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 process than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will likewise manage the process and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an indispensable method of fixing family disagreements successfully and amicably and it need to be something that is motivated all year.