Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blog sites, take a look at the essential advantages of mediation and other approaches of disagreement resolution as a method of solving the useful arrangements following separation.
The family mediation process
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider separately with them whether there are any concerns which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party individually (this is often called a Mediation Details Assessment Satisfying (MIAM)) to discuss the background briefly and explain a little bit more about the mediation procedure. The initial conferences are confidential and so the material will not be talked about with the other party.
First joint conference
following the private meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Agreement to Moderate form, handle any interim or pushing problems and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover but this will normally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the relevant info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. When this has happened, one of the party’s lawyers will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of benefits to the mediation process, a few of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will consider any issues which might make mediation inappropriate or challenging. 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 address matters essential to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You select the length of time in between sessions and handle its pace. You won’t need to wait months for the next date as can occur in a court process, and similarly you can ensure you each have enough time to look at monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to suit your family. This remains in contrast to court enforced choices where the judge might not have the power to impose comparable plans or has actually disliked the subtlety of why a particular idea might be much better.
a mediator’s function is to assist in a dialogue in between the parties and encourage tips about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which indicates that parties are encouraged to be open about choices they want to consider. This typically leads to parties making ideas 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
Mediation can be cheaper and quicker than court procedures if effective. By setting the program and picking the number of sessions you have, parties have far more control over the process than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise manage the process and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can provide an important way of dealing with family disagreements efficiently and agreeably and it need to be something that is motivated all year.