Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blogs, analyze the crucial advantages of mediation and other methods of disagreement resolution as a way of fixing the practical plans following separation.
The family mediation process
mediation usually begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk with the parties about the mediation process and think about independently with them whether there are any issues which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Info Evaluation Fulfilling (MIAM)) to go over the background briefly and explain a little more about the mediation process. The initial conferences are private therefore the material will not be talked about with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate type, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the concerns the parties wish to cover but this will usually include discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can record the relevant details and decisions in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal recommendations on it. As soon as this has actually happened, among the party’s lawyers 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 benefits to the mediation procedure, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will consider any issues which might make mediation hard or inappropriate. The advantages 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 motivate 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 convenient to you and the mediator. You choose the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can happen in a court procedure, and similarly you can ensure you each have sufficient time to collect financial disclosure and assess suggestions made.
- Choices reached in mediation can be customized to fit your family. This is in contrast to court imposed decisions where the judge may not have the power to impose comparable plans or has not appreciated the subtlety of why a particular tip may be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and an ongoing co-parenting relationship.
mediation is a personal and private process which means that parties are encouraged to be open about choices they want to think about. This normally results in parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is also a way of keeping information of your relationship out of the public eye.
- Costs and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and choosing the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. The mediator will also manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can provide a vital method of resolving family disagreements efficiently and amicably and it need to be something that is motivated all year.