Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, examine the crucial benefits of mediation and other techniques of disagreement resolution as a method of fixing the practical plans following separation.
The family mediation process
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and consider individually with them whether there are any problems which would indicate that mediation is not proper.
following the initial calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Details Evaluation Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The initial conferences are private therefore the material will not be gone over with the other party.
following the private meetings, 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 Arrangement 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 conferences will depend on the issues the parties want to cover however this will generally involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the pertinent info and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ financial info as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal guidance on it. When this has actually happened, among the party’s legal representatives 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 process, some of which are set out listed below. Mediation is not right for everyone and a party and the mediator’s own lawyer will think about any issues which may make mediation inappropriate or tough. 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 agenda and verify what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You select the length of time between sessions and manage its rate. You will not have to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have enough time to collate financial disclosure and review ideas made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to enforce similar arrangements or has not appreciated the subtlety of why a specific tip 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 designed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and confidential procedure which means that parties are motivated to be open about alternatives they want to consider. This usually results in parties making ideas they would hesitate to make in court procedures. For high profile customers, it is likewise a method of keeping information 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 selecting the number of sessions you have, parties have much more control over the process than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will likewise manage the process and guarantee that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can supply an indispensable method of dealing with family disputes successfully and amicably and it must be something that is encouraged all year.