Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historic blogs, analyze the crucial advantages of mediation and other techniques of disagreement resolution as a way of dealing with the practical arrangements following separation.
The family mediation process
mediation normally starts with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider individually with them whether there are any issues which would suggest that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The initial meetings are personal and so the material will not be gone over with the other party.
following the private conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate kind, deal with any interim or pushing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend on the problems the parties want to cover but this will usually involve discussion around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the relevant information and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in regard of the daily care of their children.
Any contract reached in mediation is not legally binding till the parties have had independent legal recommendations on it. As soon as this has actually taken place, one of the party’s attorneys will typically 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 number of advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any problems which might 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 confirm what they wish to cover in mediation. You can resolve matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t need to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have adequate time to collect financial disclosure and review ideas made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced choices where the judge may not have the power to enforce comparable arrangements or has disliked the subtlety of why a specific suggestion may be much 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 created to promote communication and a continuous co-parenting relationship.
mediation is a private and confidential procedure which means that parties are encouraged to be open about alternatives they want to consider. This usually results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if successful. By setting the agenda and picking the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise handle the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an invaluable way of resolving family conflicts effectively and agreeably and it need to be something that is motivated all year.