Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blog sites, analyze the essential advantages of mediation and other techniques of conflict resolution as a method of solving the practical arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider separately with them whether there are any issues which would mean that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to discuss the background briefly and discuss a bit more about the mediation process. The preliminary conferences are confidential therefore the material will not be discussed with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Contract to Moderate kind, handle any interim or pushing problems and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the issues the parties want to cover however this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape-record the relevant information and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary details 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 total choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents want to record in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have actually had independent legal advice on it. Once this has happened, among the party’s attorneys will generally 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 advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will consider any issues which might make mediation unsuitable or difficult. 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 motivate the parties to set the program and validate what they want to cover in mediation. You can deal with matters important to your own family and those which may 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 between sessions and handle its rate. You won’t need to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to collect monetary disclosure and review recommendations made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has not appreciated the subtlety of why a particular tip might be better.
a mediator’s role is to help with a discussion between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal procedure which means that parties are encouraged to be open about choices they want to consider. This generally results in parties making recommendations they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and selecting the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise ensure and handle the process that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in suitable cases it can provide an important method of resolving family conflicts successfully and agreeably and it need to be something that is motivated all year.