Today marks completion of family mediation week. In this blog site we sum up the mediation procedure and, as thought about in our historic blog sites, take a look at the essential advantages of mediation and other techniques of disagreement resolution as a way of solving the useful arrangements following separation.
The family mediation procedure
mediation generally starts with the mediator having a short initial call with each of the parties. The purpose of this call is to speak to the parties about the mediation process and think about individually with them whether there are any issues which would imply that mediation is not appropriate.
following the initial calls, the mediator will have a meeting with each party independently (this is typically called a Mediation Info Assessment Meeting (MIAM)) to go over the background briefly and explain a little more about the mediation procedure. The initial conferences are private and so the content will not be discussed with the other celebration.
following the individual meetings, if the parties wish to proceed with mediation, they will organize a joint session with the mediator. The first conference is utilized to go through the Arrangement to Moderate type, deal with any interim or pressing problems and to set the program for future sessions.
Further joint meetings
the focus of future meetings will depend upon the problems the parties wish to cover but this will typically involve conversation around the arrangements for the children followed by a review of the parties’ monetary disclosure and an exploration of possible financial settlement.
In case an agreement is reached, the mediator can tape the pertinent information and choices in a number of files called:
- Open Financial Statement
this records the parties’ monetary details as set out in the monetary disclosure provided. This is an open instead of without prejudice file.
- Memorandum of Comprehending
this records the conversations in mediation and the overall decisions reached. This is a without prejudice file and can not be revealed in any court proceedings.
- Parenting Strategy
this records the arrangements for the children and any other matters moms and dads want to record in regard of the everyday care of their children.
Any agreement reached in mediation is not legally binding until the parties have actually had independent legal guidance on it. As soon as this has occurred, among the celebration’s legal representatives will typically 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 benefits to the mediation process, some of which are set out below. Mediation is not right for everybody and the mediator and a party’s own solicitor will think about any issues which may make mediation unsuitable or challenging. 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 encourage the parties to set the program and confirm what they want to cover in mediation. You can attend to matters crucial to your own family and those which might not otherwise be relevant in a court process.
- Mediation sessions can be scheduled a time and place convenient to you and the mediator. You choose the length of time between sessions and manage its pace. You won’t need 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 collect monetary disclosure and assess suggestions made.
- Choices reached in mediation can be customized to fit your family. This remains in contrast to court enforced decisions where the judge might not have the power to impose comparable arrangements or has disliked the subtlety of why a specific tip may be better.
When a choice is made together in mediation, it is more most likely that parties will be content with and stick to it. Mediation is created to promote interaction and a continuous co-parenting relationship.
mediation is a private and personal procedure which indicates that parties are motivated to be open about choices they wish to consider. This generally leads to parties making suggestions they would be reluctant to make in court procedures. For high profile clients, it is also a method of keeping information of your relationship out of the general public eye.
- Expenses and speed
Mediation can be less expensive and quicker than court procedures if effective. By setting the agenda and selecting the variety of sessions you have, parties have far more control over the process than when they are part of court procedures. If it is ineffective or making matters worse, the mediator will likewise make sure and manage the process that mediation does not continue.
Although family mediation has remained in focus this week with #FamilyMediationweek, in proper cases it can provide an invaluable way of dealing with family disagreements efficiently and amicably and it should be something that is motivated all year.