Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blogs, analyze the essential benefits of mediation and other techniques of dispute resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation usually starts with the mediator having a short initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider individually with them whether there are any concerns which would indicate that mediation is not proper.
following the initial calls, the mediator will have a conference with each party individually (this is often called a Mediation Info Assessment Satisfying (MIAM)) to go over the background briefly and discuss a little more about the mediation process. The preliminary meetings are private and so the material will not be talked about with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Contract to Moderate kind, handle any interim or pushing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the problems the parties want to cover but this will normally include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape the relevant details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. As soon as this has actually occurred, among the celebration’s attorneys will normally 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 variety of benefits to the mediation process, a few of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will think about any issues which might make mediation hard or inappropriate. 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 motivate the parties to set the agenda and confirm what they want to cover in mediation. You can attend to matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You choose the length of time between sessions and manage its rate. You will not have to wait months for the next date as can happen in a court process, and similarly you can ensure you each have adequate time to look at financial disclosure and review suggestions 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 impose similar plans or has actually not appreciated the subtlety of why a particular idea 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 created to promote communication and a continuous co-parenting relationship.
mediation is a personal and personal procedure which means that parties are motivated to be open about choices they wish to consider. This typically leads to parties making suggestions they would hesitate to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court procedures. By setting the agenda and selecting the number of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will likewise guarantee and manage the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply a vital way of solving family disputes efficiently and amicably and it should be something that is encouraged all year.