Today marks the end of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, take a look at the crucial advantages of mediation and other methods of conflict resolution as a way of dealing with the practical arrangements following separation.
The family mediation procedure
mediation normally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Info Assessment Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The preliminary meetings are personal therefore the content will not be discussed with the other celebration.
following the specific conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is used to go through the Contract to Mediate kind, handle any interim or pressing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future conferences will depend upon the issues the parties want to cover but this will usually include conversation around the arrangements for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
On the occasion that an agreement is reached, the mediator can tape the pertinent details and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file 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 record in regard of the everyday care of their children.
Any contract reached in mediation is not lawfully binding up until the parties have had independent legal advice on it. When this has taken place, among the celebration’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 variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will consider any problems which may make mediation unsuitable or tough. The benefits 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 encourage the parties to set the program and verify what they want to cover in mediation. You can address matters crucial to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You won’t have to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have sufficient time to look at financial disclosure and reflect on ideas made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose comparable arrangements or has actually disliked the subtlety of why a particular idea may be better.
a mediator’s role is to assist in a dialogue between the parties and encourage suggestions about the outcome. When a decision is made together in mediation, it is more likely that parties will be content with and stay with it. Mediation is created to promote interaction and a continuous co-parenting relationship. This is especially important for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and confidential process which indicates that parties are encouraged to be open about alternatives they wish to think about. This typically results in parties making suggestions they would be reluctant to make in court procedures. For high profile clients, it is likewise a method of keeping details of your relationship out of the general public eye.
- Costs and speed
Mediation can be more affordable and quicker than court procedures if effective. By setting the agenda and picking the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. The mediator will also guarantee and manage the process that mediation does not continue if it is unproductive or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an important method of dealing with family conflicts efficiently and agreeably and it ought to be something that is motivated all year.