Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, take a look at the key benefits of mediation and other methods of dispute resolution as a way of fixing the useful plans following separation.
The family mediation procedure
mediation usually starts 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 consider independently with them whether there are any issues which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration independently (this is often called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and discuss a little bit more about the mediation process. The preliminary conferences are private therefore the content will not be discussed with the other party.
following the specific meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Contract to Moderate type, deal with any interim or pushing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will typically involve conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that a contract is reached, the mediator can record the relevant information and choices in a number of documents called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Plan
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 contract reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. When 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and a party and the mediator’s own lawyer will think about any concerns which might make mediation hard or unsuitable. 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 agenda and validate what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You select the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can take place in a court procedure, and similarly you can ensure you each have adequate time to collate financial disclosure and reflect on ideas made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce similar plans or has not appreciated the subtlety of why a specific suggestion may be better.
a mediator’s role is to help with a discussion between the parties and motivate tips about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and private procedure which means that parties are motivated to be open about choices they want to think about. This generally results in parties making tips they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and choosing the variety of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. The mediator will also guarantee and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an indispensable way of dealing with family disagreements effectively and amicably and it must be something that is motivated all year.