Today marks completion of family mediation week. In this blog site we summarise the mediation process and, as considered in our historical blog sites, examine the essential benefits of mediation and other techniques of conflict resolution as a way of solving the useful arrangements following separation.
The family mediation procedure
mediation generally begins with the mediator having a short initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and think about separately with them whether there are any issues which would indicate that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration individually (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and describe a bit more about the mediation procedure. The preliminary meetings are private and so the material will not be talked about with the other party.
following the specific 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 Moderate kind, handle any interim or pressing problems and to set the program for future sessions.
Additional joint conferences
the focus of future conferences will depend upon the problems the parties wish to cover however this will generally include discussion around the arrangements for the children followed by an evaluation of the parties’ financial disclosure and an exploration of possible monetary settlement.
In case a contract is reached, the mediator can tape the pertinent details and choices in a variety of files called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure offered. This is an open instead of without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the overall choices reached. This is a without prejudice document and can not be disclosed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents want to record in respect of the everyday care of their children.
Any contract reached in mediation is not legally binding until the parties have actually had independent legal recommendations on it. As soon as this has actually taken place, one of the celebration’s legal representatives will normally turn the Memorandum of Understanding 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 procedure, 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 problems which might 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 agenda and validate what they wish to cover in mediation. You can attend to matters essential to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place practical to you and the mediator. You choose the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can occur in a court process, and similarly you can guarantee you each have enough time to collect monetary disclosure and review ideas made.
- Choices reached in mediation can be customized to suit your family. This remains in contrast to court imposed choices where the judge may not have the power to enforce similar plans or has actually disliked the subtlety of why a particular tip might be better.
a mediator’s role is to help with a discussion between the parties and motivate ideas about the result. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is designed to promote communication and a continuous 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.
mediation is a private and personal procedure which indicates that parties are motivated to be open about alternatives they wish to think about. This generally leads to parties making ideas they would hesitate to make in court proceedings. For high profile customers, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and selecting the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. 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 actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer an indispensable method of fixing family disputes successfully and agreeably and it ought to be something that is motivated all year.