Today marks the end of family mediation week. In this blog site we summarise the mediation process and, as thought about in our historical blog sites, examine the key advantages of mediation and other techniques of disagreement resolution as a way of dealing with the practical plans following separation.
The family mediation procedure
mediation usually starts 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 procedure and consider individually with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Information Evaluation Satisfying (MIAM)) to talk about the background briefly and describe a bit more about the mediation procedure. The preliminary meetings are personal therefore the content will not be discussed with the other celebration.
First joint conference
following the individual meetings, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is utilized to go through the Agreement to Mediate form, handle any interim or pressing problems and to set the program for future sessions.
Further joint meetings
the focus of future conferences will depend on the issues the parties wish to cover but this will normally involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
On the occasion that a contract is reached, the mediator can tape-record the relevant information and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the total choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. Once this has taken place, one of the celebration’s attorneys will generally 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 variety 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 solicitor will consider any problems which may make mediation challenging or inappropriate. The benefits 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 confirm what they wish to cover in mediation. You can attend to 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 practical to you and the mediator. You select the length of time between sessions and manage its rate. You won’t have to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and assess tips made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court enforced choices where the judge may not have the power to enforce similar plans or has disliked the subtlety of why a particular suggestion may be better.
a mediator’s function is to assist in a dialogue in between the parties and encourage tips about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly essential for moms and dads who are going to have a relationship for the rest of their children’s lives.
mediation is a confidential and personal procedure which implies that parties are motivated to be open about options they want to consider. This typically results in parties making suggestions they would be reluctant to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if successful. By setting the agenda and choosing the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. If it is ineffective or making matters worse, the mediator will also guarantee and manage the process that mediation does not continue.
Although family mediation has remained in focus today with #FamilyMediationweek, in suitable cases it can supply an invaluable way of fixing family disputes effectively and agreeably and it must be something that is encouraged all year.