Family Mediation Advantages Stretford

Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as thought about in our historic blogs, examine the essential benefits of mediation and other methods of conflict resolution as a way of resolving the practical arrangements following separation.

The family mediation process

First call

mediation typically starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak with the parties about the mediation process and consider separately with them whether there are any concerns which would imply that mediation is not proper.

Specific meetings

following the initial calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Info Assessment Meeting (MIAM)) to talk about the background briefly and discuss a little bit more about the mediation procedure. The preliminary conferences are private therefore the material will not be talked about with the other celebration.

First joint meeting

following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Contract to Moderate type, deal with any interim or pressing issues and to set the agenda for future sessions.

Further joint meetings

the focus of future conferences will depend upon the issues the parties wish to cover but this will normally include discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.

In the event that an arrangement is reached, the mediator can tape-record the appropriate information and choices in a variety of files called:

  • Open Financial Statement
    this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
  • Memorandum of Understanding
    this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
  • Parenting Strategy
    this records the plans for the children and any other matters parents wish to document in respect of the day to day care of their children.

Family Mediation Stretford

Any arrangement reached in mediation is not lawfully binding until the parties have actually had independent legal guidance on it. When this has actually taken place, one of the party’s lawyers 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 number of benefits to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will think about any issues which might make mediation hard 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.

  • Versatility
    • The mediator will motivate the parties to set the agenda and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise matter in a court procedure.
    • Mediation sessions can be scheduled a time and location practical to you and the mediator. You pick the length of time in between sessions and handle its rate. You won’t need to wait months for the next date as can occur in a court process, and similarly you can ensure you each have sufficient time to collate financial disclosure and assess suggestions made.
    • Choices reached in mediation can be tailored to suit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a specific idea may be much better.

  • Interaction
    a mediator’s role is to help with a discussion in between the parties and motivate recommendations about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous co-parenting relationship. This is especially essential for moms and dads 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 normally results in parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
  • Costs and speed
    if effective, mediation can be more affordable and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have far more control over the procedure than when they belong to court proceedings. The mediator will likewise manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.

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

National Family Mediation Services: