Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blogs, take a look at the crucial advantages of mediation and other methods of disagreement resolution as a way of fixing the practical arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about independently with them whether there are any concerns which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and describe a bit more about the mediation procedure. The initial conferences are personal and so the material will not be gone over with the other celebration.
following the individual 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 Arrangement to Moderate type, handle any interim or pushing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the issues the parties want to cover but this will normally include conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can record the appropriate info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in respect of the daily care of their children.
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 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 not right for everybody and the mediator and a celebration’s own lawyer will think about any problems which may make mediation tough or inappropriate. The benefits 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 motivate the parties to set the program and verify what they want to cover in mediation. You can resolve matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time in between sessions and manage its rate. You will not have to wait months for the next date as can take place in a court process, and similarly you can ensure you each have enough time to look at monetary disclosure and assess tips made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court enforced choices where the judge might not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a specific suggestion may be better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and personal procedure which suggests that parties are encouraged to be open about alternatives they wish to think about. This typically leads to parties making suggestions 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 general public eye.
- Expenses and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the program and picking the variety of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will likewise ensure and manage the procedure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable way of fixing family conflicts efficiently and agreeably and it should be something that is motivated all year.