Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historic blogs, examine the key advantages of mediation and other methods of conflict resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation typically starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and consider separately with them whether there are any problems which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration individually (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial conferences are personal and so the content will not be discussed with the other party.
following the specific meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate kind, handle any interim or pushing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will generally involve conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can tape the relevant information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure offered. 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 document and can not be divulged in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters moms and dads wish to document in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. Once this has taken place, one of the party’s attorneys will usually 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 variety of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own solicitor will think about any problems which may make mediation unsuitable or challenging. 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.
- The mediator will motivate the parties to set the agenda and verify what they want to cover in mediation. You can deal with matters important to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You select the length of time in between sessions and handle its pace. You will not have to wait months for the next date as can take place in a court process, and equally you can guarantee you each have sufficient time to collate financial disclosure and review suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a specific suggestion might be much better.
a mediator’s role is to assist in a discussion between the parties and motivate ideas 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 developed to promote interaction and an ongoing co-parenting relationship. This is particularly important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which suggests that parties are motivated to be open about options they want to think about. This typically leads to parties making ideas they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the program and choosing the variety of sessions you have, parties have far more control over the process than when they belong to court proceedings. The mediator will also ensure and manage the process that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has been in focus today with #FamilyMediationweek, in suitable cases it can provide an invaluable way of dealing with family disagreements successfully and amicably and it need to be something that is motivated all year.