Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blog sites, take a look at the key benefits of mediation and other approaches of dispute resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation usually starts with the mediator having a brief preliminary call with each of the parties. The function of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is frequently called a Mediation Info Assessment Fulfilling (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The preliminary conferences are confidential therefore the material will not be talked about with the other celebration.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Contract to Moderate form, handle any interim or pressing concerns and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend on the concerns the parties want to cover but this will normally involve discussion around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape the relevant information and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file 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 document in regard of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. When this has actually taken place, one of the party’s attorneys 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 process, some of which are set out listed below. Mediation is wrong for everybody and the mediator and a celebration’s own lawyer will think about any problems 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.
- The mediator will encourage the parties to set the agenda and confirm what they wish to cover in mediation. You can deal with matters crucial to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You choose the length of time in between sessions and manage its speed. You won’t have to wait months for the next date as can happen in a court process, and equally you can guarantee you each have adequate time to collect financial disclosure and review ideas made.
- Choices reached in mediation can be customized to match your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce similar plans or has actually disliked the subtlety of why a specific tip may be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and personal process which means that parties are motivated to be open about options they want to think about. This typically leads to parties making tips they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the agenda and picking the number of sessions you have, parties have far more control over the process than when they are part of court proceedings. If it is unproductive or making matters worse, the mediator will also handle the procedure and make sure that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can supply an invaluable method of resolving family disputes successfully and agreeably and it need to be something that is encouraged all year.