Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other techniques of conflict resolution as a way of fixing the useful plans following separation.
The family mediation procedure
Very first call
mediation generally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and think about separately with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration independently (this is often called a Mediation Information Assessment Meeting (MIAM)) to discuss the background briefly and describe a little bit more about the mediation procedure. The preliminary meetings are private and so the content will not be discussed with the other celebration.
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Contract to Mediate kind, handle any interim or pressing issues and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend on the issues the parties wish to cover however this will typically include discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement 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 rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to record in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal recommendations on it. Once this has occurred, one of the celebration’s legal representatives will normally 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 advantages to the mediation process, some of which are set out below. Mediation is not right for everybody and a celebration and the mediator’s own lawyer will think about any concerns which might make mediation challenging or unsuitable. 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 program and confirm what they wish to cover in mediation. You can attend to matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location convenient to you and the mediator. You pick the length of time between sessions and handle its rate. You will not need to wait months for the next date as can happen in a court procedure, and similarly you can ensure you each have enough time to collect financial disclosure and reflect on ideas made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to impose comparable plans or has disliked the subtlety of why a particular tip may be better.
a mediator’s function is to help with a dialogue in between the parties and motivate ideas about the result. When a decision 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 particularly important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and private procedure which indicates that parties are motivated to be open about options they wish to consider. This usually results in parties making suggestions they would hesitate to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Expenses and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the agenda and choosing the number of sessions you have, parties have much more control over the process than when they are part of court proceedings. The mediator will also guarantee and manage the process 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 supply an invaluable method of resolving family disagreements effectively and amicably and it must be something that is motivated all year.