Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blogs, analyze the essential advantages of mediation and other methods of conflict resolution as a way of dealing with the useful plans following separation.
The family mediation process
mediation typically begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider individually with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party separately (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a little bit more about the mediation procedure. The preliminary meetings are personal therefore the material will not be discussed with the other celebration.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Contract to Mediate form, handle any interim or pressing issues and to set the program for future sessions.
More joint meetings
the focus of future meetings will depend on the issues the parties wish to cover but this will normally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case a contract is reached, the mediator can record the appropriate info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
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 arrangement reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. Once this has actually 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 process, some of which are set out below. Mediation is wrong for everyone and the mediator and a party’s own lawyer will think about any concerns which might make mediation challenging or inappropriate. 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 validate what they wish to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise be relevant 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 manage its speed. 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 monetary disclosure and assess suggestions made.
- Decisions 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 plans or has disliked the subtlety of why a specific tip may be better.
a mediator’s function is to help with a discussion in between the parties and motivate ideas about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is designed to promote interaction and an ongoing co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a confidential and private procedure which suggests that parties are motivated to be open about choices they want to think about. This normally leads to parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and picking the variety of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will likewise manage the process and guarantee that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has been in focus today with #FamilyMediationweek, in appropriate cases it can provide a vital way of solving family disagreements successfully and agreeably and it need to be something that is encouraged all year.