Family Mediation Advantages Widnes

Today marks the end of family mediation week. In this blog we summarise the mediation process and, as considered in our historic blog sites, take a look at the crucial advantages of mediation and other techniques of dispute resolution as a method of dealing with the practical plans following separation.

The family mediation procedure

First call

mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation procedure and consider independently with them whether there are any problems which would suggest that mediation is not suitable.

Specific conferences

following the initial calls, the mediator will have a meeting with each celebration individually (this is typically called a Mediation Information Assessment Meeting (MIAM)) to go over the background briefly and describe a bit more about the mediation process. The initial meetings are confidential therefore the material will not be gone over with the other party.

Joint meeting

following the individual conferences, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The very first conference is used to go through the Agreement to Moderate form, handle any interim or pushing issues and to set the agenda for future sessions.

More joint meetings

the focus of future meetings will depend on the issues the parties wish to cover but 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 an arrangement is reached, the mediator can tape-record the appropriate details and decisions in a number of documents called:

  • Open Financial Statement
    this records the parties’ financial information as set out in the monetary disclosure supplied. This is an open instead of without prejudice file.
  • Memorandum of Understanding
    this records the conversations in mediation and the total decisions reached. This is a without prejudice document and can not be divulged in any court procedures.
  • Parenting Strategy
    this records the arrangements for the children and any other matters parents want to document in regard of the daily care of their children.

Family Mediation Widnes

Any contract reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. As soon as this has occurred, among the party’s attorneys will typically 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, some of which are set out listed below. Mediation is not right for everyone and the mediator and a party’s own lawyer will think about any concerns which might make mediation unsuitable or difficult. The advantages 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.

  • Flexibility
    • 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 be relevant in a court procedure.
    • Mediation sessions can be scheduled a time and location hassle-free to you and the mediator. You pick the length of time between sessions and handle its pace. You will not have to wait months for the next date as can occur in a court procedure, and similarly you can ensure you each have enough time to collate monetary disclosure and assess suggestions made.
    • Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced decisions where the judge might not have the power to enforce similar plans or has actually disliked the subtlety of why a specific idea may be much better.

  • Interaction
    a mediator’s role is to help with a dialogue in between the parties and encourage suggestions about the outcome. When a choice is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is created to promote communication and a continuous co-parenting relationship. This is particularly 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 implies that parties are motivated to be open about choices they want to think about. This normally leads to parties making ideas they would hesitate to make in court procedures. For high profile customers, it is likewise a way of keeping information of your relationship out of the public eye.
  • Costs and speed
    Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and selecting the number of sessions you have, parties have a lot more control over the procedure than when they belong to court proceedings. The mediator will also make sure and manage the procedure that mediation does not continue if it is unproductive or making matters worse.

Although family mediation has actually remained in focus today with #FamilyMediationweek, in proper cases it can provide a vital method of resolving family disputes effectively and agreeably and it need to be something that is motivated all year.

National Family Mediation Services: