Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blog sites, take a look at the essential benefits of mediation and other methods of dispute resolution as a way of solving the practical arrangements following separation.
The family mediation process
mediation normally begins with the mediator having a brief preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and think about individually with them whether there are any problems which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to go over the background briefly and describe a little bit more about the mediation process. The initial conferences are private and so the material will not be discussed with the other party.
following the private conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first conference is used to go through the Arrangement to Mediate type, handle any interim or pushing concerns and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend on the problems the parties want to cover however this will typically involve conversation 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 arrangement is reached, the mediator can record the pertinent info and choices in a number of files called:
- Open Financial Declaration
this records the parties’ monetary details as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding until the parties have had independent legal advice on it. Once this has actually occurred, among the celebration’s legal representatives will usually 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 procedure, some of which are set out listed below. Mediation is not right for everyone and a celebration and the mediator’s own lawyer will consider any problems which may make mediation challenging 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 agenda and verify what they wish to cover in mediation. You can resolve matters important to your own family and those which might 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 manage its rate. You will not need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have adequate time to look at financial disclosure and assess ideas made.
- Decisions reached in mediation can be customized to suit your family. This remains in contrast to court enforced choices where the judge may not have the power to enforce comparable plans or has actually disliked the subtlety of why a specific recommendation might be much better.
a mediator’s role is to help with a discussion between the parties and motivate suggestions about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote communication and an ongoing co-parenting relationship. This is particularly important for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which indicates that parties are encouraged to be open about options they wish to consider. This normally results in parties making suggestions 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.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and choosing the number of sessions you have, parties have a lot more control over the process than when they become part of court proceedings. The mediator will also handle the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in proper cases it can offer an important way of solving family disagreements efficiently and amicably and it should be something that is motivated all year.