Today marks completion of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blog sites, take a look at the essential advantages of mediation and other techniques of conflict resolution as a method of resolving the practical arrangements following separation.
The family mediation process
mediation usually starts with the mediator having a short initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and consider individually with them whether there are any concerns which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a meeting with each party separately (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation procedure. The initial meetings are personal and so the content will not be gone over with the other party.
following the private conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Contract to Moderate kind, deal with any interim or pushing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the problems the parties want to cover however this will typically include conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In case a contract is reached, the mediator can record the relevant information and decisions in a number of files called:
- Open Financial Declaration
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 Comprehending
this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal suggestions on it. When this has happened, one of the party’s lawyers will generally 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 advantages to the mediation procedure, a few of which are set out below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will think about any issues which might make mediation inappropriate or hard. 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 agenda and confirm what they want to cover in mediation. You can deal with matters crucial to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location practical 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 occur in a court process, and similarly 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 match your family. This is in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually disliked the subtlety of why a particular recommendation might be much better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and an ongoing co-parenting relationship.
mediation is a personal and personal procedure which means that parties are motivated to be open about alternatives they wish to consider. This usually results in parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be more affordable and quicker than court procedures. By setting the program and choosing the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. The mediator will likewise make sure and handle the process that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can offer an invaluable way of solving family conflicts efficiently and agreeably and it ought to be something that is encouraged all year.