Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blog sites, examine the crucial benefits of mediation and other approaches of conflict resolution as a method of fixing the practical arrangements following separation.
The family mediation procedure
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about separately with them whether there are any issues which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is often called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a little bit more about the mediation process. The initial conferences are personal and so the content will not be gone over with the other party.
following the specific meetings, if the parties wish 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 Mediate kind, deal with any interim or pushing concerns and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the issues the parties want to cover however this will normally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can tape-record the pertinent details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents want to document in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal recommendations on it. As soon as this has happened, among the party’s legal representatives will usually 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 advantages to the mediation process, a few of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will think about any issues which might make mediation unsuitable or difficult. 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 agenda and verify what they wish to cover in mediation. You can address matters crucial to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time between sessions and manage its speed. You will not need to wait months for the next date as can take place in a court process, and similarly you can ensure you each have adequate time to look at financial disclosure and assess suggestions made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge may not have the power to impose comparable plans or has actually disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to facilitate a discussion between the parties and motivate suggestions about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and private process which suggests that parties are encouraged to be open about alternatives they wish to consider. This normally leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is also a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and choosing the variety of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise handle the process and guarantee that mediation does not continue.
Although family mediation has actually been in focus today with #FamilyMediationweek, in proper cases it can offer an indispensable way of dealing with family disputes successfully and agreeably and it ought to be something that is encouraged all year.