Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historical blog sites, analyze the crucial benefits of mediation and other techniques of conflict resolution as a way of dealing with the practical arrangements following separation.
The family mediation process
Very first call
mediation typically begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider individually with them whether there are any concerns which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party individually (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a little bit more about the mediation process. The preliminary conferences are confidential and so the content will not be talked about with the other celebration.
following the specific meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate form, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover however this will normally include conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can record the appropriate information and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding till the parties have actually had independent legal guidance on it. As soon as this has actually 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 advantages of family mediation
There are a number of advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any issues which might make mediation inappropriate or tough. 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 deal with matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You select the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to collate financial disclosure and assess tips made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar arrangements or has not appreciated the subtlety of why a particular tip might be better.
a mediator’s role is to facilitate a discussion in between the parties and encourage suggestions about the outcome. 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 interaction and an ongoing co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which implies that parties are motivated to be open about alternatives they wish to consider. This typically results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is also a method 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 picking the variety of sessions you have, parties have far more control over the process than when they become part of court procedures. The mediator will likewise handle the procedure and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can supply an important method of dealing with family disagreements successfully and agreeably and it should be something that is encouraged all year.