Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blog sites, take a look at the essential benefits of mediation and other methods of disagreement resolution as a way of dealing with the useful plans following separation.
The family mediation procedure
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and think about individually with them whether there are any problems which would imply that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The preliminary conferences are private therefore the content will not be gone over with the other party.
First joint meeting
following the specific meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate type, handle any interim or pushing issues and to set the agenda for future sessions.
Further joint conferences
the focus of future conferences will depend on the problems the parties want to cover however this will usually involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can record the relevant information and decisions in a number of documents called:
- Open Financial Statement
this records the parties’ financial details as set out in the monetary disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal guidance on it. As soon as this has actually occurred, one of the party’s lawyers will usually turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages of family mediation
There are a variety of advantages to the mediation process, a few of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own solicitor will consider any concerns which might make mediation challenging or inappropriate. The benefits 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 encourage the parties to set the program and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You select the length of time in between sessions and handle its pace. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have adequate time to collect monetary disclosure and assess recommendations made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a specific recommendation might be better.
When a choice 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 process which means that parties are encouraged to be open about choices they want to consider. This normally leads to parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the procedure than when they become part of court procedures. If it is unproductive or making matters worse, the mediator will likewise handle the process and ensure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in appropriate cases it can supply a vital way of solving family disagreements successfully and amicably and it must be something that is motivated all year.