Today marks completion of family mediation week. In this blog we sum up the mediation process and, as considered in our historic blog sites, examine the crucial benefits of mediation and other approaches of disagreement resolution as a way of fixing the useful plans following separation.
The family mediation process
mediation normally begins with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any problems which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Information Evaluation Meeting (MIAM)) to go over the background briefly and explain a little bit more about the mediation procedure. The initial conferences are private therefore the content will not be gone over with the other party.
following the private meetings, if the parties want to proceed with mediation, they will set up a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Moderate form, handle any interim or pressing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future meetings will depend upon the concerns the parties want to cover but this will typically include conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In case an arrangement is reached, the mediator can tape-record the appropriate info and choices in a number of documents called:
- Open Financial Statement
this records the parties’ financial info as set out in the monetary disclosure offered. 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 document and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters parents wish to record in regard of the everyday care of their children.
Any agreement reached in mediation is not lawfully binding until the parties have actually had independent legal suggestions on it. As soon as this has occurred, one of the party’s attorneys will typically 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 number of advantages to the mediation process, a few of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own solicitor will consider any issues which might make mediation tough or inappropriate. 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 motivate the parties to set the program and verify what they wish to cover in mediation. You can address matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You choose the length of time between sessions and manage its speed. You won’t need to wait months for the next date as can occur in a court procedure, and similarly you can guarantee you each have sufficient time to collect monetary disclosure and assess ideas made.
- Decisions reached in mediation can be tailored to suit your family. This remains in contrast to court imposed choices where the judge might not have the power to impose comparable plans or has actually not appreciated the subtlety of why a specific idea may be 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 created to promote communication and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and private procedure which indicates that parties are motivated to be open about choices they want to consider. This normally leads to parties making recommendations 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 general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. If it is ineffective or making matters worse, the mediator will also manage the process and guarantee that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important way of solving family disputes successfully and agreeably and it must be something that is motivated all year.