Today marks the end of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blogs, take a look at the essential benefits of mediation and other approaches of dispute resolution as a method of resolving the useful arrangements following separation.
The family mediation procedure
mediation normally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak with the parties about the mediation procedure and think about separately with them whether there are any issues which would imply that mediation is not appropriate.
following the preliminary calls, the mediator will have a conference with each celebration independently (this is frequently called a Mediation Information Evaluation Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The initial meetings are personal therefore the content will not be gone over with the other party.
First joint conference
following the private meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Agreement to Moderate form, deal with any interim or pressing problems and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend on the concerns the parties wish to cover however this will usually include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an arrangement is reached, the mediator can tape-record the relevant info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters parents want to document in regard of the everyday care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal suggestions on it. As soon as this has actually occurred, among the celebration’s attorneys will typically turn the Memorandum of Comprehending 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 a celebration and the mediator’s own solicitor will think about any issues which may make mediation inappropriate or tough. 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 agenda and confirm what they want to cover in mediation. You can deal with 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 place convenient to you and the mediator. You select the length of time in between sessions and handle its speed. You will not need to wait months for the next date as can happen in a court process, and equally you can ensure you each have adequate time to look at financial disclosure and reflect on tips made.
- Decisions reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose similar plans or has actually not appreciated the subtlety of why a particular idea may be much better.
a mediator’s role is to facilitate a discussion in between the parties and encourage ideas about the outcome. When a decision is made together in mediation, it is most likely that parties will be content with and adhere to it. Mediation is designed to promote interaction and a continuous co-parenting relationship. This is particularly essential for parents 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 implies that parties are encouraged to be open about choices they want to think about. This generally results in parties making suggestions they would be reluctant to make in court proceedings. For high profile clients, it is likewise a method of keeping information of your relationship out of the public eye.
- Costs and speed
if successful, mediation can be less expensive 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 become part of court procedures. If it is unproductive or making matters worse, the mediator will also make sure and manage the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an important way of resolving family disagreements successfully and agreeably and it ought to be something that is motivated all year.