Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as considered in our historic blogs, examine the key advantages of mediation and other techniques of conflict resolution as a method of dealing with the useful plans following separation.
The family mediation process
mediation normally starts with the mediator having a short initial call with each of the parties. The function of this call is to speak to the parties about the mediation process and consider separately with them whether there are any issues which would indicate that mediation is not suitable.
following the initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Details Evaluation Satisfying (MIAM)) to discuss the background briefly and describe a bit more about the mediation process. The preliminary meetings are confidential and so the material will not be gone over with the other celebration.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate kind, deal with any interim or pressing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future meetings will depend on the problems the parties wish to cover but this will typically involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an agreement is reached, the mediator can record the pertinent info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the general choices reached. This is a without prejudice file 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 respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have had independent legal guidance on it. Once this has taken place, among the party’s attorneys will normally turn the Memorandum of Understanding 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 wrong for everybody and the mediator and a party’s own lawyer will think about any issues which might make mediation tough 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 motivate the parties to set the program and confirm what they want to cover in mediation. You can attend to matters important to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You choose the length of time between sessions and handle its pace. You will not have to wait months for the next date as can take place in a court procedure, and equally you can guarantee you each have enough time to collate monetary disclosure and reflect on suggestions made.
- Decisions reached in mediation can be tailored to fit your family. This is in contrast to court imposed choices where the judge may not have the power to enforce comparable arrangements or has actually not appreciated the subtlety of why a specific idea may be better.
a mediator’s function is to assist in a discussion between the parties and motivate tips about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stay with it. Mediation is developed 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 personal and confidential procedure which suggests that parties are motivated to be open about options they want to think about. This generally results in parties making tips they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the process than when they are part of court procedures. If it is unproductive or making matters worse, the mediator will also manage the procedure and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can supply an indispensable way of solving family conflicts effectively and agreeably and it ought to be something that is encouraged all year.