Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blog sites, examine the crucial benefits of mediation and other methods of disagreement resolution as a way of solving the useful plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider independently with them whether there are any concerns which would indicate that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial meetings are private therefore the material will not be discussed with the other party.
following the individual conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Contract to Moderate kind, deal with any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future meetings will depend upon the concerns the parties wish to cover but this will usually include conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can record the relevant details and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding till the parties have actually had independent legal recommendations on it. When this has actually occurred, one of the party’s legal representatives 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 variety of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will think about any issues which might make mediation difficult or unsuitable. 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 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 location convenient to you and the mediator. You pick the length of time in between sessions and handle its pace. You won’t have to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have sufficient time to collate 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 might not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular idea 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 developed to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and personal process which implies that parties are motivated to be open about options they want to think about. This typically results in parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and picking the variety of sessions you have, parties have much more control over the process than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will likewise make sure and manage the procedure that mediation does not continue.
Although family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can supply an important method of fixing family disputes successfully and amicably and it ought to be something that is motivated all year.