Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historic blog sites, analyze the key advantages of mediation and other techniques of dispute resolution as a way of resolving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation normally starts with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation procedure and consider individually with them whether there are any concerns which would mean that mediation is not appropriate.
following the preliminary calls, the mediator will have a meeting with each party separately (this is often called a Mediation Details Assessment Satisfying (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The preliminary meetings are confidential therefore the content will not be talked about with the other celebration.
following the specific conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first conference is used to go through the Arrangement to Mediate type, handle any interim or pressing problems and to set the agenda for future sessions.
More joint meetings
the focus of future conferences will depend upon the concerns the parties wish to cover but this will usually involve discussion around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
In the event that an agreement is reached, the mediator can record the relevant info and decisions in a number of files called:
- Open Financial Statement
this records the parties’ financial information as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations 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 regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have actually had independent legal advice on it. As soon as this has taken place, among the celebration’s legal representatives will typically turn the Memorandum of Comprehending 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, a few of which are set out listed below. Mediation is not right for everybody and a party and the mediator’s own solicitor will think about any concerns which may make mediation inappropriate or tough. The benefits 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 motivate the parties to set the program and confirm what they wish to cover in mediation. You can attend to matters crucial to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You choose the length of time between sessions and handle its speed. You will not need to wait months for the next date as can happen in a court procedure, and equally you can guarantee you each have sufficient time to collate financial disclosure and reflect on ideas made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a particular recommendation might be much better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are encouraged to be open about alternatives they wish to think about. This normally results in parties making ideas they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and choosing the number of sessions you have, parties have much more control over the process than when they belong to court procedures. The mediator will also handle the process and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable method of resolving family disputes effectively and agreeably and it should be something that is encouraged all year.