Today marks completion of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, take a look at the crucial advantages of mediation and other methods of dispute resolution as a way of resolving the useful arrangements 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 talk to the parties about the mediation procedure and think about separately with them whether there are any problems which would indicate that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each party individually (this is frequently called a Mediation Details Assessment Fulfilling (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The preliminary conferences are personal and so the content will not be talked about with the other celebration.
First joint meeting
following the individual meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is used to go through the Arrangement to Moderate kind, deal with any interim or pressing issues and to set the agenda for future sessions.
Further joint meetings
the focus of future conferences will depend upon the issues the parties wish to cover but this will generally involve conversation around the plans for the children followed by a review of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape-record the appropriate info and choices in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the financial disclosure supplied. This is an open rather than without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the general decisions reached. This is a without prejudice file and can not be divulged in any court procedures.
- Parenting Strategy
this records the plans for the children and any other matters parents want to document in regard of the day to day care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. As soon as this has actually happened, one of the celebration’s legal representatives will typically 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 number of advantages to the mediation process, a few of which are set out below. Mediation is not right for everybody and a party and the mediator’s own lawyer will consider any problems which might make mediation inappropriate or hard. 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 want to cover in mediation. You can attend to matters important to your own family and those which might 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 handle its pace. You won’t need to wait months for the next date as can happen in a court procedure, and equally you can ensure you each have sufficient time to collect monetary disclosure and review suggestions made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed decisions where the judge might not have the power to enforce similar arrangements or has disliked the subtlety of why a specific tip might be much better.
a mediator’s function is to assist in 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 stay with it. Mediation is designed to promote communication and an ongoing co-parenting relationship. This is especially crucial for moms and dads who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and personal process which implies that parties are encouraged to be open about alternatives they wish to think about. This normally leads to parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping information of your relationship out of the general public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court proceedings. By setting the program and selecting the variety of sessions you have, parties have far more control over the procedure than when they are part of court proceedings. The mediator will also guarantee and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can supply an important way of solving family conflicts efficiently and amicably and it must be something that is encouraged all year.