Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, examine the crucial benefits of mediation and other approaches of dispute resolution as a method of dealing with the useful arrangements following separation.
The family mediation procedure
mediation typically starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and consider independently with them whether there are any problems which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be talked about 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 meeting is used to go through the Agreement to Mediate type, handle any interim or pressing problems and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend upon the problems the parties wish to cover but this will normally involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the appropriate information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents want to record in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding till the parties have had independent legal recommendations on it. As soon as this has actually happened, among the party’s attorneys 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, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will think about any problems which might make mediation challenging or unsuitable. 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 motivate the parties to set the program and verify what they wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You select the length of time between sessions and handle its rate. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can ensure you each have enough time to collate monetary disclosure and assess ideas made.
- Choices reached in mediation can be tailored to suit your family. This remains in contrast to court enforced choices where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a specific suggestion might be much better.
a mediator’s function is to help with a dialogue between the parties and motivate ideas 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 developed to promote interaction and an ongoing co-parenting relationship. This is especially essential for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private process which indicates that parties are encouraged to be open about alternatives they wish to consider. This normally results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the program and picking the variety of sessions you have, parties have a lot more control over the procedure than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will also manage the procedure and guarantee that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital way of solving family conflicts efficiently and amicably and it must be something that is motivated all year.