Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as considered in our historic blogs, take a look at the crucial advantages of mediation and other approaches of disagreement resolution as a way of solving the useful plans following separation.
The family mediation process
mediation generally starts with the mediator having a brief initial call with each of the parties. The purpose of this call is to talk to the parties about the mediation procedure and think about individually with them whether there are any concerns which would mean that mediation is not proper.
following the initial calls, the mediator will have a conference with each party individually (this is typically called a Mediation Details Evaluation Meeting (MIAM)) to talk about the background briefly and explain a bit more about the mediation process. The initial conferences are private and so the material will not be talked about with the other party.
following the specific meetings, if the parties wish to proceed with mediation, they will arrange a joint session with the mediator. The first conference is utilized to go through the Contract to Mediate type, handle any interim or pressing problems and to set the agenda for future sessions.
Additional joint conferences
the focus of future conferences will depend on the concerns the parties want to cover however this will generally include conversation around the plans for the children followed by an evaluation of the parties’ monetary disclosure and an exploration of possible financial settlement.
In case a contract is reached, the mediator can record the appropriate details and choices in a variety of files called:
- Open Financial Statement
this records the parties’ financial info as set out in the financial disclosure supplied. This is an open instead of 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 plans for the children and any other matters parents want to document in regard of the daily care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal suggestions on it. As soon as this has actually occurred, one of the party’s attorneys will generally 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 advantages to the mediation procedure, some of which are set out listed below. Mediation is wrong for everyone and a celebration and the mediator’s own solicitor will consider any problems which might make mediation difficult or inappropriate. The benefits 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.
- The mediator will motivate the parties to set the program and verify what they want to cover in mediation. You can deal with matters crucial 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 convenient to you and the mediator. You select the length of time in between sessions and handle its rate. You will not have to wait months for the next date as can take place in a court procedure, and equally you can ensure you each have enough time to collate financial disclosure and reflect on ideas made.
- Decisions reached in mediation can be customized to match your family. This is in contrast to court imposed decisions where the judge may not have the power to impose similar arrangements or has actually not appreciated the subtlety of why a particular suggestion may be better.
a mediator’s role is to assist in a dialogue between the parties and encourage tips about the outcome. When a choice is made together in mediation, it is most likely that parties will be content with and stick to it. Mediation is designed to promote interaction 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.
mediation is a personal and private procedure which suggests that parties are motivated to be open about choices they want to consider. This usually leads to parties making recommendations they would be reluctant to make in court procedures. For high profile customers, it is likewise a way of keeping details of your relationship out of the general public eye.
- Expenses and speed
Mediation can be cheaper and quicker than court proceedings if effective. By setting the program and choosing the number of sessions you have, parties have a lot more control over the process than when they are part of court procedures. The mediator will also guarantee and manage the procedure that mediation does not continue if it is ineffective or making matters worse.
Family mediation has been in focus this week with #FamilyMediationweek, in proper cases it can offer an invaluable way of solving family conflicts effectively and agreeably and it need to be something that is motivated all year.