Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a method of resolving the practical plans following separation.
The family mediation procedure
mediation generally starts 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 procedure and consider separately with them whether there are any problems which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The preliminary meetings are private and so the content will not be gone over with the other celebration.
First joint meeting
following the individual conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate type, handle any interim or pushing issues and to set the program for future sessions.
Further joint conferences
the focus of future conferences will depend upon the problems the parties want to cover but this will generally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the relevant info and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to document in regard of the daily care of their children.
Any agreement reached in mediation is not legally binding up until the parties have actually had independent legal recommendations on it. As soon as this has actually happened, among the party’s lawyers will normally 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 process, some of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own solicitor will think about any problems which may make mediation difficult 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 encourage the parties to set the program and validate what they want to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You pick the length of time between sessions and manage its pace. You won’t need to wait months for the next date as can occur in a court process, and equally you can guarantee you each have enough time to collate financial disclosure and review tips made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a particular tip may be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote communication and an ongoing co-parenting relationship.
mediation is a confidential and personal process which indicates that parties are encouraged to be open about options they want to consider. This usually results in parties making ideas they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court procedures if effective. 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 likewise guarantee and manage the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an important method of dealing with family conflicts successfully and amicably and it should be something that is motivated all year.