Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blog sites, examine the essential benefits of mediation and other techniques of dispute resolution as a way of resolving the practical 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 speak with the parties about the mediation process and think about separately with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each party independently (this is often called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a bit more about the mediation procedure. The preliminary meetings are confidential and so the content will not be gone over with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate kind, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover however this will typically involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the appropriate info and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal guidance on it. When this has occurred, among the celebration’s attorneys will normally 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 process, some of which are set out listed below. Mediation is wrong for everyone and a party and the mediator’s own lawyer will think about any problems which may make mediation challenging or inappropriate. 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 encourage the parties to set the program and validate what they wish to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court process, and similarly you can ensure you each have sufficient time to collect financial disclosure and review tips made.
- Choices reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge might not have the power to impose similar plans or has disliked the subtlety of why a specific tip might be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and an ongoing co-parenting relationship.
mediation is a confidential and personal process which indicates that parties are motivated to be open about alternatives they want to think about. This typically leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the agenda and choosing the number of sessions you have, parties have much more control over the procedure than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will likewise guarantee and handle the process that mediation does not continue.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an important way of resolving family disagreements efficiently and amicably and it ought to be something that is motivated all year.