Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historical blogs, analyze the crucial advantages of mediation and other techniques of conflict resolution as a method of fixing the practical plans following separation.
The family mediation process
mediation generally begins with the mediator having a short initial call with each of the parties. The function of this call is to talk with 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 Details Evaluation Satisfying (MIAM)) to talk about the background briefly and explain a bit more about the mediation procedure. The initial conferences are personal and so the content will not be discussed with the other party.
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 first conference is utilized to go through the Contract to Mediate form, deal with any interim or pushing problems and to set the agenda for future sessions.
Additional joint meetings
the focus of future meetings will depend upon the concerns the parties wish to cover but this will normally include conversation around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible financial settlement.
In case an agreement is reached, the mediator can tape-record the pertinent information and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ financial details as set out in the financial disclosure supplied. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in respect of the daily care of their children.
Any agreement reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. As soon as this has actually occurred, among the celebration’s attorneys will normally 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 benefits to the mediation process, some of which are set out listed below. Mediation is not right for everyone and a celebration and the mediator’s own solicitor will consider any issues which might make mediation tough or unsuitable. 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 program and confirm what they wish to cover in mediation. You can deal with matters essential to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time between sessions and manage its speed. You will not need to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have adequate time to collect monetary disclosure and reflect on tips made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed choices where the judge may not have the power to impose comparable plans or has actually not appreciated the subtlety of why a particular idea may be better.
When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and an ongoing co-parenting relationship.
- Personal privacy
mediation is a personal and personal procedure which suggests that parties are encouraged to be open about options they want to consider. This normally leads to parties making recommendations they would hesitate to make in court proceedings. For high profile clients, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
if effective, mediation can be more affordable and quicker than court procedures. By setting the program and picking the number of sessions you have, parties have far more control over the process than when they belong to court proceedings. The mediator will likewise manage the process and guarantee 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 appropriate cases it can offer a vital method of fixing family disputes successfully and amicably and it must be something that is motivated all year.