Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blogs, analyze the crucial advantages of mediation and other methods of conflict resolution as a way of dealing with the useful plans following separation.
The family mediation process
Very first call
mediation generally begins with the mediator having a short 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 independently with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party individually (this is often called a Mediation Info Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little bit more about the mediation procedure. The preliminary conferences are private therefore 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 first conference is used to go through the Agreement to Mediate kind, deal with any interim or pushing concerns and to set the agenda for future sessions.
Further joint conferences
the focus of future meetings will depend on the problems the parties want to cover however this will typically include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape the appropriate info and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters moms and dads want to record in regard of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal recommendations on it. Once this has actually occurred, one of the party’s attorneys will generally 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 number of benefits to the mediation process, a few of which are set out below. Mediation is wrong for everybody and a party and the mediator’s own solicitor will think about any issues which might make mediation inappropriate or hard. 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 program and validate what they want 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 arranged for a time and location practical to you and the mediator. You choose the length of time between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court procedure, and similarly you can guarantee you each have adequate time to collect monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge may not have the power to impose similar plans or has actually disliked the subtlety of why a particular idea might be better.
a mediator’s role is to assist in a dialogue in between the parties and motivate recommendations about the result. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private procedure which means that parties are motivated to be open about choices they want to think about. This typically leads to parties making ideas 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 public eye.
- Costs and speed
Mediation can be less expensive and quicker than court proceedings if effective. By setting the agenda and selecting the number of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will also handle the procedure and make sure that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can offer an indispensable method of solving family disagreements efficiently and amicably and it should be something that is encouraged all year.