Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blogs, analyze the essential advantages of mediation and other techniques of dispute resolution as a method of solving the practical plans following separation.
The family mediation process
mediation typically starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any concerns which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Information Assessment Meeting (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation process. The initial conferences are private and so the content will not be gone over with the other party.
First joint meeting
following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first meeting is utilized to go through the Arrangement to Moderate kind, handle any interim or pushing problems and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover however this will typically involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can record the pertinent info and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
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 proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any arrangement reached in mediation is not legally binding till the parties have actually had independent legal advice on it. When this has actually occurred, one of the party’s lawyers will generally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The advantages 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 lawyer will think about any problems which might make mediation hard or inappropriate. 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 encourage the parties to set the program and verify what they wish to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You choose the length of time between sessions and manage its speed. You won’t have to wait months for the next date as can happen in a court process, and equally you can guarantee you each have sufficient time to look at monetary disclosure and review ideas made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular idea may be better.
a mediator’s function is to assist in a dialogue in between the parties and encourage recommendations about the result. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is developed to promote communication 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 process which indicates that parties are motivated to be open about alternatives they wish to think about. This usually leads to parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is likewise a way 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 successful. By setting the agenda and picking the variety of sessions you have, parties have much more control over the process than when they belong to court procedures. If it is ineffective or making matters worse, the mediator will likewise ensure and manage the procedure that mediation does not continue.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in suitable cases it can offer an indispensable method of dealing with family disagreements successfully and amicably and it ought to be something that is motivated all year.