Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other techniques of disagreement resolution as a method of solving the practical plans following separation.
The family mediation process
Very first call
mediation usually starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and consider individually with them whether there are any issues which would mean that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Details Assessment Satisfying (MIAM)) to discuss the background briefly and explain a little bit more about the mediation process. The initial conferences are private therefore the material will not be discussed with the other celebration.
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate kind, deal with any interim or pushing problems and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover however this will generally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case a contract is reached, the mediator can tape-record the relevant details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish 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 recommendations on it. When this has actually taken place, one of the party’s lawyers will usually turn the Memorandum of Understanding 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 procedure, some of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will consider any concerns which may make mediation inappropriate or challenging. The benefits 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 confirm what they want to cover in mediation. You can resolve matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You select the length of time between sessions and manage its speed. You won’t need to wait months for the next date as can happen in a court process, and equally you can ensure you each have enough time to look at monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a specific recommendation might be better.
a mediator’s role is to assist in a discussion between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and confidential procedure which means that parties are motivated to be open about choices they wish to consider. This typically leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the agenda and selecting the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will also handle the procedure and ensure that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide a vital way of dealing with family disputes efficiently and agreeably and it should be something that is motivated all year.