Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blogs, examine the essential advantages of mediation and other techniques of conflict resolution as a way of resolving the useful plans following separation.
The family mediation procedure
mediation generally starts with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk to the parties about the mediation process and consider individually with them whether there are any problems which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a conference with each party individually (this is often called a Mediation Details Assessment Satisfying (MIAM)) to talk about the background briefly and explain a little bit more about the mediation procedure. The preliminary conferences are confidential therefore the content will not be talked about with the other celebration.
First joint conference
following the specific conferences, if the parties want to proceed with mediation, they will arrange a joint session with the mediator. The first conference is used to go through the Contract to Mediate form, handle any interim or pushing problems and to set the program for future sessions.
More joint conferences
the focus of future conferences will depend upon the problems the parties want to cover however this will normally include conversation around the arrangements for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that an arrangement is reached, the mediator can record the pertinent info and choices in a variety of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the financial disclosure provided. This is an open instead of without prejudice document.
- Memorandum of Understanding
this records the discussions in mediation and the total decisions reached. This is a without prejudice document and can not be revealed in any court procedures.
- Parenting Plan
this records the arrangements for the children and any other matters parents wish to record in respect of the daily care of their children.
Any contract reached in mediation is not legally binding up until the parties have had independent legal suggestions on it. As soon as this has actually occurred, among the party’s lawyers will generally 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 variety of benefits to the mediation process, some of which are set out below. Mediation is wrong for everybody and the mediator and a celebration’s own solicitor will consider any issues which may make mediation inappropriate or hard. 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 encourage the parties to set the agenda and validate what they wish to cover in mediation. You can resolve matters important to your own family and those which might not otherwise be relevant in a court procedure.
- Mediation sessions can be arranged for a time and location practical to you and the mediator. You select the length of time in between sessions and handle its speed. You will not need to wait months for the next date as can occur in a court procedure, and equally you can ensure you each have adequate time to collect monetary disclosure and reflect on recommendations made.
- Choices reached in mediation can be customized to suit your family. This is in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has not appreciated the subtlety of why a particular suggestion may be much better.
a mediator’s function is to assist in a discussion between the parties and encourage recommendations about the result. When a decision is made together in mediation, it is more likely that parties will be content with and adhere to it. Mediation is created to promote communication and an ongoing co-parenting relationship. This is especially crucial for parents who are going to have a relationship for the rest of their children’s lives.
mediation is a personal and personal procedure which implies that parties are encouraged to be open about choices they want to think about. This generally leads to parties making tips they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping details of your relationship out of the public eye.
- Costs and speed
Mediation can be cheaper and quicker than court procedures if successful. By setting the program and picking the variety of sessions you have, parties have a lot more control over the procedure than when they are part of court procedures. The mediator will likewise manage 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 supply a vital method of dealing with family conflicts effectively and amicably and it should be something that is encouraged all year.