Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blog sites, analyze the crucial advantages of mediation and other methods of disagreement resolution as a method of fixing the useful arrangements following separation.
The family mediation process
Very first call
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and consider independently with them whether there are any issues which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party independently (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to talk about the background briefly and explain a little more about the mediation process. The preliminary conferences are private and so the content will not be talked about with the other party.
First joint meeting
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Arrangement to Moderate form, 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 issues the parties wish to cover however this will normally involve conversation around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that a contract is reached, the mediator can record the relevant info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. Once this has taken place, one of the celebration’s attorneys will usually 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 variety of benefits to the mediation process, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will consider any problems which might make mediation tough or unsuitable. 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 verify what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and handle its speed. You won’t need to wait months for the next date as can take place in a court process, and equally you can ensure you each have adequate time to collect financial disclosure and assess 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 similar arrangements or has disliked the subtlety of why a specific tip may be much better.
a mediator’s function is to facilitate a discussion in between the parties and encourage tips about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which suggests that parties are motivated to be open about alternatives they wish to consider. This typically results in parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the agenda and selecting the number of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will also handle the procedure and make sure that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in proper cases it can offer an important way of solving family disagreements effectively and agreeably and it must be something that is encouraged all year.