Today marks completion of family mediation week. In this blog we summarise the mediation procedure and, as considered in our historical blog sites, take a look at the key advantages of mediation and other approaches of conflict resolution as a way of resolving the useful arrangements following separation.
The family mediation procedure
Very first call
mediation usually starts with the mediator having a brief initial call with each of the parties. The function of this call is to talk to the parties about the mediation process and consider independently with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is typically called a Mediation Details Evaluation Fulfilling (MIAM)) to go over the background briefly and explain a bit more about the mediation procedure. The initial meetings are private and so the material will not be discussed with the other party.
First joint meeting
following the individual conferences, if the parties wish to proceed with mediation, they will set up a joint session with the mediator. The very first conference is utilized to go through the Arrangement to Mediate type, deal with any interim or pressing concerns and to set the agenda for future sessions.
Additional joint conferences
the focus of future conferences will depend on the issues the parties wish to cover however this will generally involve conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an expedition of possible financial settlement.
On the occasion 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 details as set out in the monetary disclosure provided. This is an open rather than without prejudice file.
- Memorandum of Understanding
this records the conversations in mediation and the general decisions reached. This is a without prejudice document and can not be divulged in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to document in respect of the daily care of their children.
Any agreement reached in mediation is not lawfully binding up until the parties have had independent legal suggestions on it. When this has actually occurred, among the party’s legal representatives will typically 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 number of benefits to the mediation process, a few of which are set out listed below. Mediation is not right for everybody and the mediator and a celebration’s own solicitor will think about any issues which might make mediation unsuitable or tough. 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 motivate the parties to set the program and validate 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 process.
- Mediation sessions can be arranged for a time and place hassle-free to you and the mediator. You pick the length of time between sessions and manage its speed. You will not have to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have enough time to collect monetary disclosure and reflect on recommendations made.
- Decisions reached in mediation can be customized to suit your family. This is in contrast to court imposed decisions where the judge might not have the power to enforce similar arrangements or has actually disliked the subtlety of why a particular recommendation may be much better.
a mediator’s role is to assist in a dialogue between the parties and motivate suggestions about the result. When a decision is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is particularly crucial for parents who are going to have a relationship for the rest of their children’s lives.
- Personal privacy
mediation is a personal and confidential process which implies that parties are encouraged to be open about choices they want to consider. This typically results in parties making recommendations they would hesitate to make in court procedures. For high profile clients, it is also a way of keeping details of your relationship out of the general public eye.
- Costs and speed
if successful, mediation can be cheaper and quicker than court proceedings. By setting the program and choosing the variety of sessions you have, parties have much more control over the procedure than when they belong to court procedures. The mediator will likewise guarantee and handle the process that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has actually been in focus this week with #FamilyMediationweek, in appropriate cases it can offer a vital method of solving family disagreements efficiently and agreeably and it need to be something that is encouraged all year.