Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blog sites, examine the essential advantages of mediation and other techniques of disagreement resolution as a method of dealing with the practical plans following separation.
The family mediation procedure
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and think about individually with them whether there are any issues which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and describe a bit more about the mediation procedure. The preliminary meetings are confidential and so the content will not be gone over with the other party.
First joint meeting
following the specific meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Agreement to Mediate form, handle any interim or pressing issues and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties want to cover but this will normally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that an arrangement is reached, the mediator can record the relevant info and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads want to document 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 advice on it. Once this has actually happened, among the party’s lawyers will normally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own solicitor will think about any issues which may 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 encourage the parties to set the agenda and validate what they wish to cover in mediation. You can deal with matters essential 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 convenient 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 adequate time to look at financial disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular tip might be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are encouraged to be open about options they wish to think about. This typically leads to parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the program and picking the variety of sessions you have, parties have a lot more control over the process than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will likewise manage the procedure and ensure that mediation does not continue.
Although family mediation has actually been in focus today with #FamilyMediationweek, in appropriate cases it can supply a vital way of resolving family disagreements successfully and amicably and it should be something that is encouraged all year.