Today marks the end of family mediation week. In this blog we sum up the mediation procedure and, as thought about in our historic blog sites, examine the crucial benefits of mediation and other techniques of dispute resolution as a method of solving the useful plans following separation.
The family mediation procedure
mediation typically starts with the mediator having a short initial call with each of the parties. The function of this call is to talk with the parties about the mediation procedure and think about individually with them whether there are any issues which would mean that mediation is not proper.
following the preliminary calls, the mediator will have a conference with each celebration separately (this is often called a Mediation Info Assessment Satisfying (MIAM)) to talk about the background briefly and discuss a little more about the mediation procedure. The preliminary conferences are confidential and so the material will not be gone over with the other party.
following the private meetings, if the parties want to proceed with mediation, they will organize a joint session with the mediator. The very first meeting is used to go through the Agreement to Moderate kind, handle any interim or pushing problems and to set the agenda for future sessions.
More joint conferences
the focus of future meetings will depend on the issues the parties wish to cover but this will normally include discussion around the plans for the children followed by a review of the parties’ financial disclosure and an exploration of possible monetary settlement.
In the event that a contract is reached, the mediator can tape the pertinent info and choices in a variety of documents called:
- Open Financial Declaration
this records the parties’ financial information as set out in the monetary disclosure offered. This is an open rather than without prejudice document.
- Memorandum of Comprehending
this records the discussions in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court procedures.
- Parenting Plan
this records the plans for the children and any other matters moms and dads wish to record in regard of the day to day care of their children.
Any contract reached in mediation is not legally binding till the parties have actually had independent legal guidance on it. As soon as this has taken place, among the celebration’s attorneys will normally turn the Memorandum of Understanding 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 process, some of which are set out listed below. Mediation is wrong for everybody and a celebration and the mediator’s own lawyer will think about any problems which may make mediation inappropriate or challenging. 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 verify what they want to cover in mediation. You can address matters crucial to your own family and those which may not otherwise matter in a court process.
- Mediation sessions can be arranged for a time and location hassle-free to you and the mediator. You pick the length of time between sessions and manage its pace. You won’t need to wait months for the next date as can happen in a court process, and equally you can guarantee you each have sufficient time to collate financial disclosure and assess tips made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court imposed decisions where the judge may not have the power to impose comparable arrangements or has disliked the subtlety of why a specific tip might 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 created to promote interaction and a continuous co-parenting relationship.
- Personal privacy
mediation is a private and private procedure which suggests that parties are encouraged to be open about alternatives they wish to think about. This normally leads to parties making suggestions they would be reluctant to make in court proceedings. For high profile customers, it is also a way of keeping information of your relationship out of the public eye.
- Expenses and speed
if successful, mediation can be less expensive and quicker than court procedures. By setting the agenda and choosing the variety of sessions you have, parties have a lot more control over the process than when they are part of court proceedings. The mediator will likewise make sure and handle the procedure that mediation does not continue if it is unproductive or making matters worse.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can provide an important method of resolving family conflicts efficiently and amicably and it need to be something that is motivated all year.