Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as considered in our historic blogs, examine the essential advantages of mediation and other approaches of dispute resolution as a method of fixing the useful plans following separation.
The family mediation process
mediation typically starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation process and think about separately with them whether there are any concerns which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is often called a Mediation Info Assessment Meeting (MIAM)) to talk about the background briefly and explain a little bit more about the mediation process. The initial meetings are confidential and so the content will not be discussed with the other party.
First joint conference
following the private conferences, if the parties wish 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 Moderate form, deal with any interim or pressing issues and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the concerns the parties want to cover however this will typically involve discussion 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 an agreement is reached, the mediator can tape the pertinent information and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the monetary disclosure supplied. This is an open instead of without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be disclosed in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents want to record in regard of the daily care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have actually had independent legal recommendations on it. Once this has actually happened, among the party’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 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 think about any problems which might 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 motivate the parties to set the agenda and validate what they wish to cover in mediation. You can address matters important to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You select the length of time in between sessions and manage its pace. You will not need to wait months for the next date as can happen in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and review suggestions made.
- Choices reached in mediation can be tailored to fit your family. This remains in contrast to court enforced decisions where the judge may not have the power to enforce comparable arrangements or has disliked the subtlety of why a specific idea might be better.
a mediator’s role is to facilitate a discussion between the parties and motivate recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is developed to promote interaction and an ongoing co-parenting relationship. This is especially essential 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 means that parties are encouraged to be open about options they want to think about. This usually leads to parties making tips they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
if effective, mediation can be less expensive and quicker than court proceedings. By setting the agenda 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 ineffective or making matters worse, the mediator will also handle the procedure and ensure that mediation does not continue.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer an invaluable method of fixing family disagreements effectively and agreeably and it need to be something that is motivated all year.