Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, take a look at the key benefits of mediation and other methods of dispute resolution as a way of dealing with the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure 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 conference with each party independently (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to discuss the background briefly and describe a little more about the mediation procedure. The initial meetings are personal and so the content will not be gone over with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Arrangement to Moderate type, handle any interim or pressing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties want to cover however this will generally involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can record the appropriate details and choices in a number of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. As soon as this has actually occurred, among the party’s attorneys will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will consider any issues which may make mediation unsuitable or challenging. The benefits 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 agenda and confirm what they wish to cover in mediation. You can resolve matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time in between sessions and manage its rate. You won’t need to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have adequate time to look at monetary disclosure and review recommendations made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court enforced 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 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 most likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship. This is particularly essential 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 confidential procedure which means that parties are motivated to be open about alternatives they wish to think about. This normally leads to parties making recommendations they would be reluctant to make in court proceedings. For high profile customers, 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 procedures if effective. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the process than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will likewise make sure and handle the procedure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can offer an important method of dealing with family disagreements effectively and agreeably and it should be something that is motivated all year.