Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, analyze the crucial benefits of mediation and other approaches of conflict resolution as a way of resolving the practical arrangements following separation.
The family mediation procedure
Very first call
mediation generally 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 think about independently with them whether there are any problems which would imply that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is often called a Mediation Information Assessment Meeting (MIAM)) to go over the background briefly and explain a little more about the mediation procedure. The preliminary conferences are personal therefore the content will not be talked about with the other celebration.
First joint meeting
following the specific conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Moderate type, deal with any interim or pushing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the concerns the parties wish to cover but this will normally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that an arrangement is reached, the mediator can tape the appropriate details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal guidance on it. When this has actually happened, one of the party’s legal representatives 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 number of benefits to the mediation procedure, a few of which are set out below. Mediation is wrong for everyone and a party and the mediator’s own lawyer will think about any problems 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 agenda and validate 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 scheduled a time and place convenient to you and the mediator. You pick the length of time in between sessions and handle 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 look at financial disclosure and reflect on tips made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a specific tip may be much better.
a mediator’s role is to facilitate a dialogue between the parties and encourage suggestions about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal process which indicates that parties are motivated to be open about choices they want to think about. This normally results in parties making ideas they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the agenda and choosing the variety of sessions you have, parties have far more control over the procedure than when they become part of court proceedings. The mediator will likewise handle the process and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can offer an indispensable way of resolving family conflicts successfully and agreeably and it must be something that is motivated all year.