Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blogs, examine the essential benefits of mediation and other techniques of dispute resolution as a method of resolving the useful plans following separation.
The family mediation process
mediation typically begins with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about separately with them whether there are any concerns which would imply that mediation is not suitable.
following the initial calls, the mediator will have a meeting with each celebration separately (this is frequently called a Mediation Information Assessment Meeting (MIAM)) to discuss the background briefly and discuss a little more about the mediation process. The initial meetings are private and so the material will not be talked about with the other celebration.
First joint conference
following the individual meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is utilized to go through the Agreement to Moderate kind, deal with any interim or pressing issues and to set the program for future sessions.
Further joint conferences
the focus of future meetings will depend upon the concerns the parties want to cover however this will generally include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the relevant info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
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 till the parties have had independent legal suggestions on it. Once this has actually happened, one of the celebration’s lawyers will usually 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 procedure, some of which are set out below. Mediation is wrong for everyone and a celebration and the mediator’s own lawyer will think about any issues which might make mediation unsuitable or tough. 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 verify what they wish to cover in mediation. You can address matters crucial to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You choose the length of time in between sessions and manage its speed. You won’t need to wait months for the next date as can take place in a court process, and equally you can guarantee you each have adequate time to collate financial disclosure and reflect on ideas made.
- Choices reached in mediation can be tailored to fit your family. This is in contrast to court enforced choices where the judge might not have the power to enforce similar arrangements or has disliked the subtlety of why a specific recommendation might 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.
mediation is a confidential and personal process which implies that parties are motivated to be open about options they want to think about. This usually results in parties making ideas they would be reluctant to make in court proceedings. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
Mediation can be more affordable and quicker than court proceedings 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 become part of court procedures. The mediator will likewise manage the process and make sure that mediation does not continue if it is ineffective or making matters worse.
Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can supply an important way of dealing with family disagreements effectively and agreeably and it must be something that is motivated all year.