Family Mediation Advantages Stourbridge

Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, take a look at the essential advantages of mediation and other techniques of conflict resolution as a method of resolving the practical plans following separation.

The family mediation process

Very first call

mediation generally begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider independently with them whether there are any concerns which would indicate that mediation is not proper.

Specific meetings

following the initial calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Information Assessment Fulfilling (MIAM)) to talk about the background briefly and describe a little more about the mediation procedure. The initial conferences are private therefore the material will not be discussed with the other party.

First joint meeting

following the individual conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is utilized to go through the Arrangement to Mediate type, handle any interim or pushing concerns and to set the agenda for future sessions.

More joint meetings

the focus of future meetings will depend on the problems the parties wish to cover however this will normally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.

On the occasion that an agreement is reached, the mediator can tape the relevant info and choices in a variety of files called:

  • Open Financial Statement
    this records the parties’ financial details as set out in the financial disclosure offered. This is an open rather than without prejudice file.
  • Memorandum of Comprehending
    this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
  • Parenting Strategy
    this records the arrangements for the children and any other matters parents wish to document in respect of the everyday care of their children.

Family Mediation Stourbridge

Any contract reached in mediation is not lawfully binding till the parties have had independent legal advice on it. As soon as this has actually taken place, among the party’s attorneys will typically turn the Memorandum of Understanding 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 procedure, a few of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own lawyer will think about any issues which might make mediation difficult or unsuitable. 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.

  • Versatility
    • The mediator will encourage the parties to set the agenda and confirm what they want to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise be relevant in a court process.
    • Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time in between sessions and manage its speed. You will not have to wait months for the next date as can happen in a court process, and similarly you can ensure you each have adequate time to collate monetary disclosure and review recommendations made.
    • Choices reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to impose similar arrangements or has actually disliked the subtlety of why a particular recommendation may be better.

  • Communication
    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 an ongoing co-parenting relationship.
  • Personal privacy
    mediation is a personal and personal process which implies that parties are encouraged to be open about options they wish to think about. This usually leads to parties making recommendations 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.
  • Costs and speed
    Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and picking 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 likewise make sure and handle the procedure that mediation does not continue.

Although family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable way of dealing with family disagreements effectively and agreeably and it must be something that is encouraged all year.

National Family Mediation Services: