Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blog sites, analyze the essential benefits of mediation and other methods of dispute resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation generally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and think about independently with them whether there are any problems which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party separately (this is frequently called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a bit more about the mediation process. The initial conferences are private and so the material will not be discussed with the other celebration.
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first meeting is used to go through the Agreement to Mediate kind, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the concerns the parties wish to cover but this will typically include discussion around the plans 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 record the appropriate details and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
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 agreement reached in mediation is not lawfully binding up until the parties have actually had independent legal guidance on it. As soon as this has actually happened, one of the party’s legal representatives will generally turn the Memorandum of Understanding 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 procedure, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own solicitor will think about any problems which may make mediation tough 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 verify what they wish to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have adequate time to collate monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be customized 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 not appreciated the subtlety of why a specific idea might be 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 communication and a continuous co-parenting relationship.
mediation is a personal and private process which indicates that parties are encouraged to be open about alternatives they want to think about. This normally leads to parties making suggestions they would hesitate to make in court proceedings. For high profile clients, it is also 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 procedures if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the process than when they belong to court procedures. The mediator will also ensure and handle 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 suitable cases it can provide an indispensable method of resolving family disagreements successfully and amicably and it ought to be something that is motivated all year.