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, take a look at the essential advantages of mediation and other approaches of dispute resolution as a way of dealing with the practical plans following separation.
The family mediation process
Very first call
mediation normally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider separately with them whether there are any problems which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration independently (this is frequently called a Mediation Info Assessment Fulfilling (MIAM)) to talk about the background briefly and discuss a bit more about the mediation procedure. The initial meetings are private therefore the content will not be gone over with the other party.
First joint meeting
following the individual meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Agreement to Mediate type, handle any interim or pressing problems and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend on the concerns the parties want to cover but this will normally involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In the event that an arrangement is reached, the mediator can tape-record the appropriate details and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to record in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal advice on it. As soon as this has actually taken place, among the party’s legal representatives will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation process, some of which are set out listed below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will consider any concerns which may make mediation unsuitable or tough. 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 validate what they wish to cover in mediation. You can address matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time between sessions and manage its speed. You won’t have to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have adequate time to collect monetary disclosure and review suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge might not have the power to impose similar arrangements or has disliked the subtlety of why a particular idea might be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote communication and an ongoing co-parenting relationship.
mediation is a personal and personal procedure which indicates that parties are motivated to be open about choices they want to consider. This typically leads to parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a method of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the process than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will likewise manage the procedure and ensure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can offer an important method of resolving family disagreements efficiently and agreeably and it need to be something that is encouraged all year.