Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blog sites, analyze the key benefits of mediation and other approaches of conflict resolution as a method of dealing with the useful plans following separation.
The family mediation procedure
mediation generally begins with the mediator having a short initial 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 mean that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Information Assessment Fulfilling (MIAM)) to discuss the background briefly and explain a little more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be gone over with the other party.
following the specific meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Moderate kind, handle any interim or pushing concerns and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will normally include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the pertinent information and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in regard of the day to day care of their children.
Any agreement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. Once this has happened, among the party’s attorneys will typically 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 variety of advantages to the mediation process, some of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own lawyer will consider any concerns which might make mediation unsuitable or tough. 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 motivate the parties to set the agenda and verify what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You pick 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 similarly you can ensure you each have adequate time to collect monetary disclosure and reflect on ideas made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a particular recommendation 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 designed to promote interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a confidential and personal procedure which indicates that parties are encouraged to be open about choices they wish to consider. This usually leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping information 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 selecting the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will likewise ensure and handle the process that mediation does not continue.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can offer an indispensable way of resolving family disputes effectively and amicably and it should be something that is encouraged all year.