Today marks completion of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historical blog sites, take a look at the key advantages of mediation and other techniques of conflict resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak to the parties about the mediation process and consider individually with them whether there are any concerns which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Information Evaluation Meeting (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The preliminary conferences are personal therefore the material will not be talked about with the other party.
First joint conference
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate type, handle any interim or pushing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover however this will usually involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape-record the appropriate information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding until the parties have actually had independent legal recommendations on it. Once this has occurred, among the celebration’s lawyers will usually 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 variety of advantages to the mediation process, a few of which are set out listed below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will think about any problems which may make mediation inappropriate or challenging. 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.
- The mediator will encourage the parties to set the agenda and validate what they want to cover in mediation. You can address matters important to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You select the length of time in between sessions and handle its speed. You will not need 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 review recommendations made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court imposed decisions where the judge may not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular recommendation may be better.
a mediator’s function is to facilitate a dialogue in between the parties and encourage tips 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 designed to promote interaction and an ongoing co-parenting relationship. This is especially important for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and private process which implies that parties are motivated to be open about choices they want to consider. This usually leads to parties making tips 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.
- Costs and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the program and choosing the variety of sessions you have, parties have a lot more control over the procedure than when they become part of court procedures. The mediator will likewise make sure and manage the procedure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable method of fixing family disagreements efficiently and agreeably and it ought to be something that is motivated all year.