Today marks the end of family mediation week. In this blog we sum up the mediation process and, as considered in our historical blogs, analyze the essential advantages of mediation and other techniques of conflict resolution as a way of resolving the practical plans following separation.
The family mediation procedure
mediation usually starts 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 process and think about individually with them whether there are any concerns which would suggest that mediation is not suitable.
following the initial calls, the mediator will have a conference with each celebration separately (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and discuss a little more about the mediation process. The initial conferences are confidential and so the material will not be talked about with the other party.
First joint conference
following the private meetings, if the parties want 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 kind, deal with any interim or pushing concerns and to set the program for future sessions.
More joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will typically include conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an arrangement is reached, the mediator can record the relevant details and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice document and can not be divulged in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in respect of the day to day care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have actually had independent legal recommendations on it. When this has taken place, one of the celebration’s lawyers will generally 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 number of advantages to the mediation procedure, some of which are set out below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will think about any problems which might make mediation difficult or inappropriate. 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.
- The mediator will encourage the parties to set the agenda and validate what they wish to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You pick the length of time in 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 similarly you can ensure you each have sufficient time to collect financial disclosure and review ideas made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced choices where the judge might not have the power to enforce comparable arrangements or has not appreciated the subtlety of why a specific tip may be better.
a mediator’s role is to facilitate a discussion between the parties and motivate ideas about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship. This is particularly 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 implies that parties are encouraged to be open about choices they wish to think about. This generally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be less expensive and quicker than court procedures. By setting the program and selecting the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will likewise ensure and manage the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can supply an invaluable way of solving family conflicts efficiently and amicably and it must be something that is motivated all year.