Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, analyze the key benefits of mediation and other techniques of disagreement resolution as a method of solving the useful arrangements following separation.
The family mediation procedure
mediation typically 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 process and think about individually with them whether there are any issues which would indicate that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each party individually (this is often called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The initial meetings are private and so the content will not be discussed with the other party.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Contract to Mediate type, handle any interim or pushing issues and to set the agenda for future sessions.
Additional joint conferences
the focus of future meetings will depend on the concerns the parties want to cover however this will generally include discussion around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that a contract is reached, the mediator can tape-record the relevant information and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to document in respect of the everyday care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. Once this has actually occurred, among the celebration’s legal representatives will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own solicitor will consider any concerns which might make mediation inappropriate or challenging. 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 verify what they want to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You select the length of time between sessions and handle its speed. You will not need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have sufficient time to collect financial disclosure and assess suggestions made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose similar arrangements or has disliked the subtlety of why a particular tip might be much better.
a mediator’s role is to assist in a dialogue between the parties and motivate ideas about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which suggests that parties are motivated to be open about choices they want to think about. This typically results in parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and choosing the number of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will also ensure and manage the procedure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important method of fixing family conflicts successfully and agreeably and it ought to be something that is motivated all year.