Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, examine the key advantages of mediation and other techniques of conflict resolution as a method of solving the practical arrangements following separation.
The family mediation procedure
Very first call
mediation generally begins with the mediator having a short initial call with each of the parties. The function of this call is to speak to the parties about the mediation process and think about separately with them whether there are any concerns which would mean that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Information Assessment Fulfilling (MIAM)) to go over the background briefly and describe a little more about the mediation procedure. The preliminary meetings are confidential therefore the content will not be discussed with the other party.
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate form, deal with any interim or pushing issues and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend upon the problems the parties wish to cover but this will generally involve conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape the pertinent info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the general decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters parents want to document in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal guidance on it. When this has actually occurred, among the celebration’s attorneys will typically turn the Memorandum of Understanding 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, a few of which are set out below. Mediation is not right for everyone and the mediator and a party’s own solicitor will consider any problems which might make mediation unsuitable 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 program and verify what they wish to cover in mediation. You can resolve 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 location convenient to you and the mediator. You choose the length of time between sessions and handle its rate. You will not need to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have enough time to collate financial disclosure and review tips made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court enforced choices where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a specific tip may be much 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 created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a personal and personal process which means that parties are motivated to be open about options they want to consider. This typically leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings if successful. By setting the program and choosing the variety of sessions you have, parties have far more control over the process than when they are part of court proceedings. If it is ineffective or making matters worse, the mediator will also handle the process and ensure that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in suitable cases it can offer an important method of dealing with family conflicts successfully and amicably and it ought to be something that is motivated all year.