Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, analyze the essential advantages of mediation and other approaches of conflict resolution as a method of dealing with the practical arrangements following separation.
The family mediation procedure
mediation usually starts with the mediator having a brief preliminary 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 problems which would suggest that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party independently (this is often called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The preliminary conferences are personal therefore the material will not be gone over with the other celebration.
First joint conference
following the specific conferences, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The first meeting is utilized to go through the Contract to Mediate kind, handle any interim or pushing issues and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend on the problems the parties want to cover but this will usually involve conversation around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the relevant info and choices in a variety of documents called:
- Open Financial Statement
this records the parties’ financial information as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices 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 moms and dads want to document in regard of the day to day care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal guidance on it. As soon as this has occurred, among the party’s legal representatives will normally 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 benefits to the mediation procedure, a few of which are set out listed below. Mediation is not right for everyone and a party and the mediator’s own lawyer will consider any concerns which might make mediation difficult or unsuitable. 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 wish to cover in mediation. You can address matters important to your own family and those which may not otherwise be relevant in a court process.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You choose the length of time in between sessions and handle its speed. You will not have to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and review suggestions made.
- Decisions reached in mediation can be customized to fit your family. This is in contrast to court enforced choices where the judge may not have the power to impose comparable arrangements or has not appreciated the subtlety of why a particular recommendation might be much better.
a mediator’s role is to facilitate a dialogue between the parties and encourage ideas about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is especially essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a private and private procedure which means that parties are encouraged to be open about choices they wish to consider. This typically leads to parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have much more control over the procedure than when they are part of court procedures. The mediator will also manage the process and ensure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can supply an important way of dealing with family conflicts effectively and amicably and it must be something that is encouraged all year.