Today marks the end of family mediation week. In this blog we sum up the mediation process and, as thought about in our historical blog sites, take a look at the essential advantages of mediation and other methods of disagreement resolution as a method of resolving the useful arrangements following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The function of this call is to speak with the parties about the mediation procedure and consider individually with them whether there are any concerns which would suggest that mediation is not proper.
following the preliminary calls, the mediator will have a meeting with each celebration independently (this is typically called a Mediation Info Evaluation Satisfying (MIAM)) to discuss the background briefly and discuss a little more about the mediation process. The preliminary conferences are private therefore the material will not be discussed with the other party.
First joint meeting
following the private conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The very first meeting is used to go through the Agreement to Mediate form, handle any interim or pushing concerns and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the issues the parties want to cover but this will generally involve 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 a contract is reached, the mediator can tape the relevant details and decisions in a variety of files called:
- Open Financial Statement
this records the parties’ monetary information as set out in the financial disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the total choices reached. This is a without prejudice document and can not be revealed in any court proceedings.
- Parenting Plan
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 contract reached in mediation is not lawfully binding till the parties have actually had independent legal recommendations on it. As soon as this has actually occurred, among the celebration’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 process, some of which are set out listed below. Mediation is not right for everybody and the mediator and a party’s own lawyer will consider any issues which might make mediation tough or inappropriate. 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 agenda and confirm what they wish to cover in mediation. You can address matters important 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 select the length of time between sessions and handle its speed. You will not have to wait months for the next date as can take place in a court process, and similarly you can guarantee you each have adequate time to collate monetary disclosure and assess recommendations made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court enforced choices where the judge may not have the power to enforce similar plans or has not appreciated the subtlety of why a specific recommendation may be better.
When a decision is made together in mediation, it is more likely that parties will be content with and stick to it. Mediation is developed to promote communication and an ongoing co-parenting relationship.
mediation is a personal and private procedure which indicates that parties are encouraged to be open about options they wish to think about. This usually results in parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is likewise a way of keeping information of your relationship out of the general public eye.
- Costs and speed
Mediation can be cheaper and quicker than court proceedings if successful. By setting the program and selecting the number of sessions you have, parties have far more control over the procedure than when they belong to court procedures. The mediator will likewise handle the process and make sure 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 provide an indispensable way of fixing family disputes effectively and amicably and it ought to be something that is encouraged all year.