Today marks the end of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historical blog sites, examine the essential benefits of mediation and other methods of disagreement resolution as a way of dealing with the useful plans following separation.
The family mediation procedure
mediation usually begins with the mediator having a short preliminary call with each of the parties. The purpose of this call is to talk with the parties about the mediation process and think about separately with them whether there are any issues which would indicate that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party individually (this is typically called a Mediation Information Assessment Meeting (MIAM)) to talk about the background briefly and describe a little bit more about the mediation process. The initial meetings are confidential and so the material will not be discussed with the other party.
following the specific conferences, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The first meeting is utilized to go through the Agreement to Moderate type, handle any interim or pushing problems and to set the program for future sessions.
Additional joint meetings
the focus of future conferences will depend on the concerns the parties wish to cover but this will usually involve discussion around the arrangements 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 information and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial info as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the discussions in mediation and the general choices reached. This is a without prejudice file and can not be divulged in any court proceedings.
- Parenting Strategy
this records the plans for the children and any other matters parents wish to record in respect of the day to day care of their children.
Any arrangement reached in mediation is not legally binding up until the parties have had independent legal recommendations on it. Once this has happened, one of the celebration’s legal representatives will normally turn the Memorandum of Comprehending into an order which can be lodged at court for approval by a judge.
The benefits of family mediation
There are a variety of advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and the mediator and a celebration’s own lawyer will think about any problems which might make mediation difficult or unsuitable. The advantages 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 verify what they want to cover in mediation. You can address matters essential to your own family and those which may not otherwise be relevant in a court procedure.
- Mediation sessions can be scheduled a time and location convenient to you and the mediator. You pick the length of time in between sessions and handle its rate. You will not need to wait months for the next date as can happen in a court procedure, and similarly you can guarantee you each have sufficient time to collate monetary disclosure and assess suggestions made.
- Decisions reached in mediation can be tailored to match your family. This is in contrast to court imposed choices where the judge might not have the power to impose comparable arrangements or has actually not appreciated the subtlety of why a specific recommendation might be much better.
When a decision is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is designed to promote interaction and an ongoing co-parenting relationship.
- Personal privacy
mediation is a confidential and private procedure which suggests that parties are motivated to be open about choices they want to think about. This normally results in parties making tips they would hesitate to make in court procedures. For high profile customers, it is also a way of keeping information of your relationship out of the general public eye.
- Costs and speed
if effective, mediation can be cheaper and quicker than court proceedings. By setting the program and picking the variety of sessions you have, parties have a lot more control over the process than when they become part of court procedures. If it is ineffective or making matters worse, the mediator will also manage the process and make sure that mediation does not continue.
Family mediation has actually been in focus this week with #FamilyMediationweek, in proper cases it can provide an important way of dealing with family disagreements successfully and agreeably and it need to be something that is motivated all year.