Family Mediation Advantages Sedgley

Today marks completion of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blogs, analyze the crucial benefits of mediation and other methods of dispute resolution as a way of dealing with the useful plans following separation.

The family mediation procedure

First call

mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and think about separately with them whether there are any concerns which would indicate that mediation is not proper.

Individual conferences

following the preliminary calls, the mediator will have a conference with each party individually (this is frequently called a Mediation Info Evaluation Meeting (MIAM)) to discuss the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are private therefore the material will not be discussed with the other party.

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 conference is used to go through the Arrangement to Moderate type, handle any interim or pressing issues and to set the program for future sessions.

Additional joint meetings

the focus of future conferences will depend on the concerns the parties wish to cover however this will typically include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.

In case an agreement is reached, the mediator can tape the pertinent information and choices in a variety of documents called:

  • Open Financial Statement
    this records the parties’ monetary information 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 choices reached. This is a without prejudice file and can not be revealed in any court proceedings.
  • Parenting Plan
    this records the arrangements for the children and any other matters parents want to record in regard of the day to day care of their children.

Family Mediation Sedgley

Any arrangement reached in mediation is not lawfully binding till the parties have had independent legal recommendations on it. As soon as this has happened, one of the party’s attorneys will generally 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own lawyer will consider any concerns which may make mediation unsuitable or tough. 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.

  • Versatility
    • The mediator will encourage the parties to set the agenda and verify what they wish to cover in mediation. You can deal with matters important to your own family and those which may not otherwise matter in a court process.
    • Mediation sessions can be scheduled a time and location convenient to you and the mediator. You pick the length of time between sessions and manage its rate. You won’t need to wait months for the next date as can occur in a court process, and equally you can ensure you each have enough time to look at monetary disclosure and assess tips made.
    • Decisions 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 similar plans or has disliked the subtlety of why a specific recommendation might be much better.

  • Communication
    a mediator’s function is to help with a discussion between the parties and motivate recommendations about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly essential for parents who are going to have a relationship for the rest of their children’s lives.
  • Privacy
    mediation is a personal and personal process which implies that parties are encouraged to be open about options they wish to consider. This generally results in parties making ideas they would hesitate to make in court proceedings. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
  • Costs and speed
    if effective, mediation can be cheaper and quicker than court proceedings. By setting the agenda and selecting the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise make sure and manage the process that mediation does not continue if it is ineffective or making matters worse.

Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an invaluable way of resolving family disagreements efficiently and amicably and it should be something that is encouraged all year.

National Family Mediation Services: