Today marks completion of family mediation week. In this blog site we sum up the mediation process and, as thought about in our historical blogs, analyze the essential benefits of mediation and other approaches of dispute resolution as a way of resolving the practical plans following separation.
The family mediation procedure
mediation typically begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider separately with them whether there are any problems which would indicate that mediation is not proper.
following the initial calls, the mediator will have a meeting with each celebration separately (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial conferences are personal and so the content will not be talked about 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 first meeting is used to go through the Agreement to Mediate type, handle any interim or pushing concerns and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend upon the issues the parties wish to cover but this will usually involve discussion around the plans for the children followed by an evaluation of the parties’ financial disclosure and an expedition of possible monetary settlement.
In the event that an arrangement is reached, the mediator can tape the pertinent information and decisions in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the general decisions reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Plan
this records the plans for the children and any other matters parents wish to document in respect of the daily care of their children.
Any contract reached in mediation is not legally binding until the parties have actually had independent legal guidance on it. Once this has actually happened, one of the celebration’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 number of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everyone and the mediator and a celebration’s own lawyer will think about any issues which might make mediation unsuitable or hard. 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 encourage the parties to set the agenda and verify what they want to cover in mediation. You can address matters essential to your own family and those which might not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You select the length of time in between sessions and manage its pace. You will not have to wait months for the next date as can occur in a court procedure, and equally you can guarantee you each have adequate time to look at financial disclosure and assess ideas made.
- Decisions reached in mediation can be tailored to match your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce comparable arrangements or has actually disliked the subtlety of why a specific tip may be 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 created to promote communication and a continuous co-parenting relationship.
mediation is a private and private procedure which suggests that parties are motivated to be open about choices they want to think about. This generally leads to parties making recommendations they would hesitate to make in court procedures. For high profile customers, it is also a method of keeping details of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and selecting the number of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. The mediator will also manage the process and ensure that mediation does not continue if it is unproductive or making matters worse.
Family mediation has actually been in focus this week with #FamilyMediationweek, in suitable cases it can offer an important method of fixing family disputes successfully and agreeably and it must be something that is motivated all year.