Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blog sites, analyze the essential benefits of mediation and other techniques of dispute resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation usually 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 procedure and think about separately with them whether there are any problems which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The initial meetings are personal and so the material will not be gone over with the other party.
First joint conference
following the specific conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate type, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover however this will normally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the appropriate information and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
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 record in regard of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have had independent legal guidance on it. Once this has taken place, one of the celebration’s lawyers will generally 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 benefits to the mediation process, some of which are set out listed below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any concerns which might make mediation difficult or unsuitable. 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 address matters essential to your own family and those which might 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 handle its pace. You won’t have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have sufficient time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a particular idea might be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and private procedure which suggests that parties are encouraged to be open about alternatives they wish to think about. This typically results in parties making recommendations they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the program and picking the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise make sure and manage the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an invaluable way of solving family disagreements efficiently and agreeably and it should be something that is encouraged all year.