Today marks the end of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blog sites, examine the key advantages of mediation and other approaches of conflict resolution as a method of resolving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation typically begins with the mediator having a short initial call with each of the parties. The function of this call is to speak to the parties about the mediation process and consider separately with them whether there are any problems which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party independently (this is often called a Mediation Info Evaluation Meeting (MIAM)) to discuss the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are confidential therefore the material will not be gone over with the other celebration.
First joint conference
following the individual conferences, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate type, deal with any interim or pushing concerns and to set the program for future sessions.
Further joint conferences
the focus of future conferences will depend on the issues the parties want to cover but this will normally involve discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that an agreement is reached, the mediator can tape the pertinent details and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial info 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 general decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads wish to record in respect of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have had independent legal advice on it. Once this has actually occurred, one of the party’s attorneys will usually 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 advantages to the mediation procedure, some of which are set out below. Mediation is not right for everybody and a party and the mediator’s own solicitor will think about any concerns which might make mediation hard or inappropriate. The advantages 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 motivate the parties to set the agenda and verify what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time between sessions and handle its speed. You won’t have to wait months for the next date as can take place in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and reflect on tips made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court enforced choices where the judge might not have the power to impose similar arrangements or has disliked the subtlety of why a specific tip may be much 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 developed to promote interaction and a continuous co-parenting relationship.
mediation is a private and personal procedure which indicates that parties are motivated to be open about alternatives they wish to think about. This usually results in parties making ideas they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the agenda and picking the variety of sessions you have, parties have much more control over the procedure than when they belong to court procedures. If it is unproductive or making matters worse, the mediator will likewise manage the procedure and guarantee that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in proper cases it can supply an indispensable method of fixing family conflicts efficiently and amicably and it should be something that is encouraged all year.