Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, take a look at the key advantages of mediation and other techniques of dispute resolution as a method of dealing with the practical plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and think about separately with them whether there are any issues which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is often called a Mediation Information Evaluation Meeting (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The initial conferences are confidential therefore the content will not be discussed with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Mediate kind, deal with any interim or pressing issues and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the problems the parties want to cover but this will generally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the appropriate information and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in regard of the everyday care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. As soon as this has taken place, one of the celebration’s legal representatives will generally 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 number of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will think about any concerns which might make mediation inappropriate or difficult. 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 confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You select the length of time between sessions and handle its pace. You won’t need to wait months for the next date as can happen in a court process, and equally you can ensure you each have enough time to collect monetary disclosure and reflect on suggestions made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce similar arrangements or has disliked the subtlety of why a particular tip might be much better.
a mediator’s function is to assist in a discussion in between the parties and motivate ideas about the result. When a choice is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and personal procedure which indicates that parties are motivated to be open about options they want to think about. This normally results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be more affordable and quicker than court proceedings. By setting the agenda and selecting the number of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will likewise ensure and handle the process that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an indispensable way of fixing family disagreements efficiently and amicably and it ought to be something that is encouraged all year.