Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historic blogs, examine the key benefits of mediation and other methods of dispute resolution as a way of solving the practical plans following separation.
The family mediation process
Very first call
mediation normally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about individually with them whether there are any concerns which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Information Assessment Satisfying (MIAM)) to talk about the background briefly and describe a bit more about the mediation process. The preliminary meetings are confidential and so the material will not be discussed with the other celebration.
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 Moderate kind, handle any interim or pushing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend on the issues the parties wish to cover however this will normally include conversation around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can tape-record the pertinent details and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to document in regard of the daily care of their children.
Any contract reached in mediation is not legally binding up until the parties have had independent legal recommendations on it. As soon as this has taken place, among the celebration’s attorneys will typically 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 listed below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any concerns which might make mediation challenging 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 program and validate what they want to cover in mediation. You can attend to matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You pick the length of time between sessions and handle its speed. You won’t need to wait months for the next date as can take place in a court process, and equally you can ensure you each have enough time to look at financial disclosure and assess tips made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court enforced choices where the judge may not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular tip may be much better.
a mediator’s function is to help with a dialogue between the parties and encourage recommendations about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal process which suggests that parties are motivated to be open about alternatives they wish to think about. This typically results in parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper 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. If it is unproductive or making matters worse, the mediator will also guarantee and handle the procedure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer an important way of dealing with family disagreements effectively and amicably and it must be something that is encouraged all year.