Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historical blogs, take a look at the key advantages of mediation and other methods of disagreement resolution as a method of fixing the useful plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a short preliminary call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider separately with them whether there are any issues which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration individually (this is frequently called a Mediation Details Assessment Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation process. The initial conferences are personal therefore the content will not be talked about with the other celebration.
following the individual conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Agreement to Mediate kind, handle any interim or pushing issues and to set the program for future sessions.
Additional joint meetings
the focus of future meetings will depend on the problems the parties wish to cover but this will typically involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can record the pertinent info and choices in a number of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents want to document in regard of the day to day care of their children.
Any arrangement reached in mediation is not legally binding until the parties have actually had independent legal suggestions on it. As soon as this has taken place, 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 benefits of family mediation
There are a variety of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own lawyer will think about any concerns which may make mediation challenging or unsuitable. The advantages 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 validate what they want to cover in mediation. You can resolve matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time between sessions and manage its rate. You will not have 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 look at monetary disclosure and assess tips made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court enforced choices where the judge may not have the power to impose similar arrangements or has disliked the subtlety of why a specific recommendation may be better.
a mediator’s role is to facilitate a dialogue in between the parties and motivate suggestions about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly crucial 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 private procedure which suggests that parties are motivated to be open about options they wish to consider. This usually leads to parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the agenda and picking the number of sessions you have, parties have far more control over the process than when they belong to court proceedings. The mediator will also guarantee and manage the process that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an invaluable method of solving family disputes successfully and agreeably and it should be something that is encouraged all year.