Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blogs, examine the essential advantages of mediation and other methods of dispute resolution as a method of solving the useful plans following separation.
The family mediation process
mediation typically begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and think about separately with them whether there are any problems which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each party individually (this is typically called a Mediation Information Evaluation Fulfilling (MIAM)) to go over the background briefly and explain a little more about the mediation procedure. The initial conferences are confidential and so the material will not be talked about with the other celebration.
First joint conference
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate type, handle any interim or pressing concerns and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the problems the parties wish to cover but this will normally involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the appropriate details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to document in respect of the daily care of their children.
Any contract reached in mediation is not lawfully binding until the parties have actually had independent legal advice on it. As soon as this has actually happened, one of 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 listed below. Mediation is not right for everybody and the mediator and a celebration’s own lawyer will think about any problems which might make mediation tough or unsuitable. The benefits 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 program and verify what they want 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 scheduled a time and location convenient to you and the mediator. You select the length of time between sessions and manage its rate. You won’t have to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has actually disliked the subtlety of why a specific tip may be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship.
mediation is a personal and personal procedure which means that parties are encouraged to be open about alternatives they want to think about. This normally leads to parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and choosing the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will also manage the procedure and make sure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus today with #FamilyMediationweek, in appropriate cases it can offer a vital method of resolving family disputes efficiently and agreeably and it need to be something that is encouraged all year.