Family Mediation Advantages Shoreham-by-sea

Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blogs, take a look at the key advantages of mediation and other techniques of conflict resolution as a method of dealing with the useful arrangements following separation.

The family mediation process

First call

mediation generally begins with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about independently with them whether there are any problems which would suggest that mediation is not suitable.

Specific meetings

following the initial calls, the mediator will have a meeting with each party separately (this is frequently called a Mediation Info Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a little more about the mediation procedure. The preliminary meetings are personal and so the content will not be discussed with the other party.

Joint conference

following the private meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is used to go through the Agreement to Moderate form, deal with any interim or pushing issues and to set the agenda for future sessions.

Further joint meetings

the focus of future meetings will depend on the concerns the parties want to cover however this will typically 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 arrangement is reached, the mediator can record the relevant information and decisions in a variety of files called:

  • Open Financial Declaration
    this records the parties’ monetary info as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
  • Memorandum of Comprehending
    this records the conversations in mediation and the overall choices reached. This is a without prejudice file and can not be disclosed in any court procedures.
  • Parenting Strategy
    this records the plans for the children and any other matters moms and dads want to record in respect of the everyday care of their children.

Family Mediation Shoreham-by-sea

Any arrangement reached in mediation is not legally binding up until the parties have had independent legal advice on it. As soon as this has occurred, among the celebration’s lawyers will normally turn the Memorandum of Understanding 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, a few of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will consider any concerns which might make mediation tough 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.

  • Flexibility
    • The mediator will motivate the parties to set the program and verify what they wish to cover in mediation. You can address matters essential to your own family and those which might not otherwise matter in a court process.
    • Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have sufficient time to collate monetary disclosure and assess tips made.
    • Choices reached in mediation can be tailored to match your family. This is in contrast to court imposed choices where the judge may not have the power to enforce similar arrangements or has actually not appreciated the subtlety of why a particular idea might be better.

  • Communication
    When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship.
  • Personal privacy
    mediation is a confidential and private process which means that parties are encouraged to be open about alternatives they want to consider. This typically results in parties making recommendations they would hesitate to make in court proceedings. 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 procedures if successful. By setting the program and choosing the number of sessions you have, parties have much more control over the procedure than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will also ensure and handle the process that mediation does not continue.

Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable method of dealing with family conflicts successfully and amicably and it ought to be something that is encouraged all year.

National Family Mediation Services: