Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other techniques of dispute resolution as a way of dealing with the useful plans following separation.
The family mediation procedure
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 with the parties about the mediation procedure 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 party separately (this is often called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The preliminary conferences are private and so the material will not be gone over with the other party.
First joint conference
following the specific meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate kind, deal with any interim or pushing problems and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend on the problems the parties want to cover however this will normally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In case a contract is reached, the mediator can tape-record the pertinent info and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in respect of the everyday care of their children.
Any arrangement reached in mediation is not legally binding till the parties have had independent legal suggestions on it. As soon as this has occurred, one of the celebration’s lawyers will typically turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a number of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and a celebration and the mediator’s own solicitor will consider any concerns which might make mediation tough or unsuitable. The benefits 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 motivate the parties to set the agenda and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You select the length of time between sessions and handle its rate. You will not have to wait months for the next date as can happen in a court process, and equally you can guarantee you each have adequate time to look at monetary disclosure and assess suggestions made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court enforced decisions where the judge may not have the power to impose comparable plans or has actually disliked the subtlety of why a particular tip may be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and personal process which indicates that parties are motivated to be open about choices they want to consider. This normally results in parties making tips they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the program and selecting the variety of sessions you have, parties have far more control over the procedure than when they belong to court proceedings. The mediator will likewise handle the procedure and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important method of resolving family disagreements effectively and amicably and it need to be something that is encouraged all year.