Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historic blogs, take a look at the essential advantages of mediation and other techniques of conflict resolution as a way of dealing with the practical plans following separation.
The family mediation process
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about separately with them whether there are any issues which would imply 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 Details Assessment Fulfilling (MIAM)) to talk about the background briefly and explain a little bit more about the mediation process. The preliminary meetings are private and so the content will not be gone over with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Arrangement to Mediate kind, handle any interim or pressing concerns and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend upon the issues the parties wish to cover however this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In the event that a contract is reached, the mediator can tape-record the relevant information and choices in a number of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure provided. 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 file and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents want to record in respect of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal suggestions on it. When this has actually happened, among the party’s lawyers will typically 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 procedure, some of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own solicitor will consider any concerns which may make mediation hard or inappropriate. 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 motivate 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 procedure.
- Mediation sessions can be scheduled a time and place hassle-free to you and the mediator. You pick the length of time in between sessions and manage its pace. You will not need to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate time to look at monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a specific idea might be better.
a mediator’s role is to facilitate a dialogue in between the parties and encourage recommendations about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous 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.
- Personal privacy
mediation is a private and private procedure which implies that parties are encouraged to be open about choices they want to consider. This usually leads to parties making ideas they would be reluctant to make in court procedures. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the agenda and selecting the number of sessions you have, parties have a lot more control over the process than when they belong to court proceedings. If it is unproductive or making matters worse, the mediator will likewise handle the process and guarantee that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an important way of resolving family disagreements efficiently and agreeably and it should be something that is encouraged all year.