Today marks the end of family mediation week. In this blog we summarise the mediation process and, as thought about in our historical blog sites, analyze the key benefits of mediation and other approaches of conflict resolution as a way of solving the practical plans following separation.
The family mediation procedure
mediation typically starts with the mediator having a short preliminary call with each of the parties. The function of this call is to talk to the parties about the mediation procedure and think about independently with them whether there are any issues which would imply that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The preliminary conferences are personal therefore the content will not be gone over with the other celebration.
following the specific meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Arrangement to Mediate kind, handle any interim or pressing concerns and to set the agenda for future sessions.
More joint conferences
the focus of future conferences will depend on the concerns the parties wish to cover however this will usually include conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an expedition of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the relevant info and decisions in a number of documents called:
- Open Financial Declaration
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the conversations in mediation and the total choices reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to document in regard of the everyday care of their children.
Any arrangement reached in mediation is not lawfully binding up until the parties have had independent legal recommendations on it. When this has actually occurred, one of the party’s lawyers will generally turn the Memorandum of Understanding into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, a few of which are set out below. Mediation is wrong for everybody and the mediator and a party’s own solicitor will think about any concerns which might make mediation tough or unsuitable. The advantages 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 program and verify what they want to cover in mediation. You can resolve matters crucial to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You choose the length of time in between sessions and manage its pace. You won’t need to wait months for the next date as can happen in a court process, and equally you can ensure you each have enough time to look at monetary disclosure and review ideas made.
- Choices reached in mediation can be tailored to suit your family. This is in contrast to court imposed decisions where the judge may not have the power to impose similar plans or has disliked the subtlety of why a specific suggestion might be better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote interaction and a continuous co-parenting relationship.
mediation is a confidential and personal procedure which means that parties are encouraged to be open about choices they wish to think about. This usually results in parties making ideas they would hesitate to make in court proceedings. For high profile clients, it is likewise a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court procedures. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will also ensure and handle the process that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can provide an invaluable way of dealing with family conflicts effectively and agreeably and it need to be something that is motivated all year.