Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historic blog sites, examine the essential advantages of mediation and other approaches of dispute resolution as a method of resolving the useful plans following separation.
The family mediation procedure
mediation normally starts with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about individually with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration separately (this is often called a Mediation Details Evaluation Fulfilling (MIAM)) to discuss the background briefly and explain a little bit more about the mediation procedure. The preliminary meetings are confidential therefore the content will not be discussed with the other celebration.
First joint conference
following the specific conferences, 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 Arrangement to Moderate form, deal with any interim or pressing issues and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend upon the issues the parties want to cover but this will normally involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an agreement is reached, the mediator can record the pertinent details and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding till the parties have had independent legal guidance on it. Once this has occurred, among the celebration’s legal representatives 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 advantages to the mediation process, a few of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will consider any issues which may make mediation challenging or inappropriate. 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 motivate the parties to set the program and validate what they wish to cover in mediation. You can resolve matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and location hassle-free 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 occur in a court process, and equally you can guarantee you each have enough time to look at monetary disclosure and review ideas made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court enforced decisions where the judge might not have the power to impose comparable arrangements or has not appreciated the subtlety of why a specific recommendation may be better.
a mediator’s role is to assist in a dialogue in between the parties and encourage recommendations about the outcome. When a decision is made together in mediation, it is more 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 parents 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 encouraged to be open about options they want to consider. This normally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and picking the variety of sessions you have, parties have much more control over the process than when they are part of court proceedings. The mediator will also ensure and manage the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus today with #FamilyMediationweek, in appropriate cases it can supply an important method of fixing family disputes successfully and agreeably and it ought to be something that is encouraged all year.