Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blog sites, examine the key advantages of mediation and other techniques of dispute resolution as a method of dealing with the useful arrangements following separation.
The family mediation procedure
Very first call
mediation generally begins 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 process and think about individually with them whether there are any problems which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little more about the mediation process. The preliminary meetings are private and so the content will not be gone over with the other party.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate kind, handle any interim or pressing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend on the problems the parties want to cover however this will typically involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case a contract is reached, the mediator can record the relevant details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to document in regard of the daily care of their children.
Any contract reached in mediation is not legally binding until the parties have had independent legal suggestions on it. As soon as this has happened, one of the celebration’s attorneys will usually 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 number of benefits to the mediation procedure, a few of which are set out listed below. Mediation is not right for everybody and a celebration and the mediator’s own lawyer will think about any issues which might make mediation unsuitable or hard. 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 agenda and confirm 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 procedure.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have sufficient time to collate monetary disclosure and assess suggestions made.
- Decisions reached in mediation can be customized to match 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 specific tip might be better.
a mediator’s function is to facilitate a dialogue in between the parties and encourage tips about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and personal procedure which means that parties are motivated to be open about options they want to think about. This usually leads to parties making ideas 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 general public eye.
- Expenses and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the procedure than when they become part of court proceedings. The mediator will also handle the process and make sure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can provide an indispensable method of dealing with family disputes effectively and agreeably and it need to be something that is motivated all year.