Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as thought about in our historical blog sites, examine the key benefits of mediation and other techniques of conflict resolution as a way of dealing with the useful arrangements following separation.
The family mediation process
mediation usually begins with the mediator having a short initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and consider separately with them whether there are any issues which would suggest that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each party independently (this is frequently called a Mediation Info Assessment Satisfying (MIAM)) to discuss the background briefly and describe a little more about the mediation process. The initial meetings are private and so the material will not be gone over with the other celebration.
following the private conferences, if the parties want 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, deal with any interim or pushing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover however this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape-record the relevant information and decisions in a number of files called:
- Open Financial Declaration
this records the parties’ financial info as set out in the financial disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to record in respect of the daily care of their children.
Any arrangement reached in mediation is not lawfully binding till the parties have had independent legal suggestions on it. When this has actually happened, one of the party’s lawyers will usually 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 process, a few of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own lawyer will think about any issues which may make mediation unsuitable or hard. 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 encourage the parties to set the program and confirm what they want to cover in mediation. You can deal with matters important to your own family and those which might not otherwise matter in a court process.
- Mediation sessions can be scheduled a time and location practical to you and the mediator. You select the length of time between sessions and handle its pace. You won’t have to wait months for the next date as can occur in a court process, and equally you can ensure you each have sufficient time to collate monetary disclosure and assess ideas made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court enforced choices where the judge might not have the power to enforce similar plans or has actually disliked the subtlety of why a particular recommendation may be much better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is developed to promote interaction and a continuous co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are motivated to be open about choices they want to think about. This generally leads to parties making tips they would be reluctant to make in court procedures. For high profile customers, it is likewise a method of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be more affordable and quicker than court proceedings if effective. By setting the program and picking the number of sessions you have, parties have much more control over the process than when they become part of court proceedings. If it is unproductive or making matters worse, the mediator will also guarantee and handle the procedure that mediation does not continue.
Although family mediation has actually remained in focus this week with #FamilyMediationweek, in suitable cases it can supply a vital way of solving family disagreements effectively and agreeably and it ought to be something that is motivated all year.