Mediation is a method of intervention between two sides to settle conflicts. It is an effort taken by a third party that is considered a mediator. The mediator is unbiased and neutral to all sides.
Mediation do not give a decision but encourage the conflict or dispute between the parties to be settled. Under mediation, open dialogue is conducted between the parties to clear up their questions and misconceptions and, with the support and advice of the mediator, draw a shared conclusion. Some people choose to go to mediation centers before going to court.
Mediation is a very open procedure since the parties to it settle on their own time. Mediation may be seen in divorce, trade negotiations or mediation, property investment, and in other conflicts to prevent bringing the matter to arbitration.
Mediation is an informal conflict settlement procedure, and a third person is a mediator to settle the confusion between the parties. The misunderstanding may be for commercial, civil, family and many other reasons that need to be resolved by an unbiased mediator.
The Mediation Process for the Families
First, call-mediation typically continues with a mediator making a brief initial call for each of the sides.
Person meetings-after initial calls, the mediator will hold a different meeting with each group to review the context quickly and clarify a bit more about the mediation method.
First joint meeting-after separate sessions, if the parties decide to continue with negotiations, a joint session with the mediator shall be held. The first meeting shall be used to take the shape of the Agreement to control, deal with any temporary or immediate problems, and set the agenda for subsequent meetings.
The further joint meetings-the focus of subsequent meetings will concentrate on the issues to be discussed by the participants. Still, these will typically include negotiations on the infant agreements followed by a study of the parties’ financial disclosure and an analysis of potential financial settlements.
The initial sessions are private, and thus the material can not be shared with the other side.
In the event of a settlement being reached, the negotiator can record the related facts and decisions in many documents called:
Open Financial Reporting – this shall document the parties’ financial statements as set out in the financial report issued. It is an open document rather than a biased text.
Memorandum of Agreement – which points out the conversations in the consultation process and the final decisions made. This document is without discrimination and cannot be revealed in any legal cases.
Parenting Plan – this lays out the plans for children and all other matters that parents would like to record regarding the day-to-day treatment of their children.
Any resolution reached in negotiations shall not be legally binding until independent legal counsel has been given to the parties. When this has been done, one of the party’s attorneys will generally turn the Memorandum of Agreement into an order to be placed to the court for a judge’s approval.
Advantages of Mediation for Families
There is a range of advantages to the mediation, some of which have been outlined below.
Mediation is not right for all, and the mediator and the party’s counsel will consider any problems that could make mediation complicated or inappropriate. The benefits shall include:
The mediator will allow the parties to set the agenda and confirm what they wish to cover in the mediation session. You should discuss significant problems with your own families and those that would otherwise not apply to the court process.
Mediation meetings should be scheduled at a suitable time and place for you and the mediator. You select the period between sessions and set the pace of the meeting.
You won’t have to wait long for the next hearing, which can happen in legal cases, and you can both ensure that each of you has ample time to gather financial disclosure and focus on the recommendations made.
Mediation judgments should be customized to suit the family. This is in contrast to judicial rulings where the judge does not have the authority to enforce identical arrangements or has not grasped the subtlety of whether a specific suggestion may be safer.
The mediator’s function is to promote discussion between the parties and to encourage feedback on the result. If a decision is reached collectively in negotiations, it is more likely that the parties will be happy and adhere to it.
Mediation is intended to foster cooperation and an enduring co-parenting relationship. This is especially important for parents who have a relationship for the remainder of their children’s lives.
Meditation is a private and confidential procedure, which ensures that parties are expected to be honest about the choices they wish to explore. This typically results in the parties making comments that they would be hesitant to bring in legal hearings. It’s also a way to keep the relationship information out of the public domain with high-profile clients.
Costs and pace effective, mediation can be cheaper and more comfortable than legal trials. By setting the agenda and determining the number of meetings you have, the parties have far more influence over the process than they do because they are part of the court hearings. The mediator can also oversee the process to ensure the mediation does not proceed, whether it is inefficient or makes matters harder.
Dan Toombs serves as a Legal Partner of Mediations Australia and is preferred among the best family law mediation. He is appreciated not just for his legal expertise, but also for his ability to assist clients with critical decisions regarding their children.