Today marks completion of family mediation week. In this blog site we summarise the mediation procedure and, as considered in our historical blog sites, analyze 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
Very first call
mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about separately with them whether there are any issues which would mean that mediation is not suitable.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is frequently called a Mediation Info Evaluation Satisfying (MIAM)) to go over the background briefly and explain a bit more about the mediation process. The preliminary conferences are private therefore the material will not be gone over with the other party.
following the private meetings, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The first meeting is utilized to go through the Contract to Mediate kind, deal with any interim or pushing issues and to set the program for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties want to cover but this will generally involve discussion around the plans for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
On the occasion that an arrangement is reached, the mediator can tape the appropriate info and decisions in a variety of files called:
- Open Financial Declaration
this records the parties’ monetary info as set out in the monetary disclosure offered. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document 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 regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal suggestions on it. When this has occurred, one of the celebration’s attorneys will usually 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 number of advantages to the mediation procedure, a few of which are set out below. Mediation is not right for everyone and a party and the mediator’s own solicitor will consider any concerns which may make mediation inappropriate 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 motivate the parties to set the agenda and validate what they want to cover in mediation. You can resolve matters important to your own family and those which may not otherwise matter in a court procedure.
- Mediation sessions can be arranged for a time and place convenient to you and the mediator. You pick the length of time between sessions and manage its pace. You will not have to wait months for the next date as can take place in a court process, and equally you can ensure you each have adequate time to look at monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be tailored to fit your family. This remains in contrast to court imposed choices where the judge might not have the power to enforce comparable plans or has actually not appreciated the subtlety of why a specific idea might be better.
a mediator’s role is to assist in a dialogue in between the parties and encourage tips about the outcome. When a decision is made together in mediation, it is most 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 parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a private and private procedure which implies that parties are motivated to be open about alternatives they want to consider. This typically results in parties making recommendations they would hesitate to make in court proceedings. For high profile customers, it is likewise a method of keeping information of your relationship out of the public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if successful. By setting the program and choosing the variety of sessions you have, parties have much more control over the procedure than when they become part of court proceedings. The mediator will also ensure and manage the process that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in suitable cases it can offer an important method of solving family conflicts successfully and agreeably and it need to be something that is motivated all year.