Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blogs, take a look at the key advantages of mediation and other approaches of dispute resolution as a method of solving the useful plans following separation.
The family mediation process
Very first call
mediation typically starts with the mediator having a short 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 separately with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party individually (this is often called a Mediation Info Assessment Meeting (MIAM)) to discuss the background briefly and explain a little bit more about the mediation procedure. The preliminary conferences are private and so the material will not be gone over with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Contract to Moderate type, handle any interim or pressing issues and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties want to cover but this will generally involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can record the appropriate info and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in regard of the daily care of their children.
Any contract reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. As soon as this has actually occurred, among the party’s legal representatives will typically turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, a few of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own lawyer will think about any problems which may make mediation inappropriate or hard. The benefits 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 validate what they wish to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise be relevant 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 in between sessions and manage its pace. You won’t need to wait months for the next date as can take place in a court process, and equally you can ensure you each have adequate time to collate monetary disclosure and review ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge may not have the power to enforce similar plans or has actually not appreciated the subtlety of why a specific idea may be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and private process which implies that parties are encouraged to be open about options they wish to consider. This normally leads to parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the program and selecting the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. The mediator will likewise guarantee and manage the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply a vital way of resolving family disputes effectively and agreeably and it need to be something that is motivated all year.