mediation

Document Sample
mediation Powered By Docstoc
					   Family Mediation
      Handbook
A Guide to the Family Mediation Process




Berni McGuill
Maurice Kelly
  Family Mediation Handbook by See Change Mediation




Family Mediation
  Handbook
  Maurice Kelly and Berni McGuill


       SeeChangeMediation.ie




                         1
                 Family Mediation Handbook by See Change Mediation

About Us!                                                            3

What is Mediation?!                                                  4

Mediation Tips!                                                      5

The Mediators" Role!                                                 6

How It Works !                                                       7

Advantages of Family Mediation!                                      8

What You Get at the End of Mediation!                                9




                                        2
                       Family Mediation Handbook by See Change Mediation


About Us
Maurice Kelly and Berni McGuill (See Change Partners) are accredited Family Mediators
(Friarylaw), certified CMA Life Coaches and NLP Master Practitioners (Certified by Dr.
Richard Bandler) with backgrounds in Sport and Social Care respectively. We are also
experienced in life matters!

We operate a confidential service from comfortable private consulting rooms within a
dedicated medical centre and offer a range of services including:!

See Change Practice (Family Mediation Services) comprises a team of professional
mediators based in Dundalk, Ireland, mainly serving the East and North-East of the
Country and also Northern Ireland. We work with families affected by relational
breakdown.

Our trained mediators provide you with the tools to untangle all the strands around family
breakdown, find new ways of communicating and most importantly help parents to help
their children make the necessary adjustments to family life.

Our goal is to ensure the best outcomes for each client, in order to build a strong
foundation for a positive and happy future.




                                              3
                       Family Mediation Handbook by See Change Mediation


What is Mediation?
When couples separate or divorce and families face breakdown, there are many practical
and emotional issues to resolve. It is often a very emotional, costly and lengthy process.
By the nature of their separation, many couples find it difficult to talk about their concerns.
Mediation is a modern, practical means of dispute resolution that is totally focused on
attaining a win-win solution for the parties to the conflict. The benefit of mediation in all
areas of family law is recognized across the globe. In the vast majority of cases it reduces
cost, time and stress for both the separating parties and the children concerned.


Mediation is a confidential, voluntary, "without prejudice” process utilized to facilitate
separating or divorcing couples in reaching mutually acceptable agreement on matters
concerning the separation whilst also focusing on minimising conflict. In this process our
neutral, trained mediators work with people to discuss and negotiate all of the issues
related to their family conflict and to explore options for settlement.

See Change Family Mediation Service helps the separating parties to reach an agreement
that meets the interests of both parties and also importantly, the needs of their children. It
jointly addresses all relevant issues on which they need to make decisions including but
not exclusively:

"      •"     Parenting the children, including access and custody.
"      •"     Financial support
"      •"     Family home
"      •"     Pension rights
"      •"     Division of assets.

Mediation helps you to help yourself:

By taking the step to mediate, you are empowering yourself to make your own decisions.
This is done by talking through and working out all issues surrounding your divorce or
separation, whether it is before, during or after the event.

Mediation improves communication and helps you build for the future in your new
circumstances. In particular it can help your children maintain their family relationships.

Mediation is usually less than half the cost and twice as quick as contested court
proceedings.




                                               4
                       Family Mediation Handbook by See Change Mediation


Mediation Tips
In family mediation See Change Practice strongly recommend the use of two mediators,
one male & one female, co-mediating. This has been proven to create a much better
gender balance and provide significant improvements in terms of results.

Research also shows that mediation improves communication and helps you build for the
future in your new circumstances. In particular it can help your children maintain their
family relationships.

Whilst there are often many complex and varied issues to consider and it is usually a very
stressful time for the whole family, it is now becoming widely recognised that Mediation is a
great, cost-effective way for families to resolve difficult problems and to emerge with a
sense of achievement.

Mediation can also help improve communication, assist you in making decisions about
future arrangements for the children and help you make decisions about property and
finance as it affects your separation.

Court battles, on the other hand, tend to leave people feeling unheard and bitter and may
increase the bad feeling between the parties. They are also very costly.




                                              5
                       Family Mediation Handbook by See Change Mediation


The Mediators" Role
During the course of mediation at See Change Practice, we are focused on three kinds of
responsibilities:

Procedural - We keep track of the process and content of the decision-making, the goals
and objectives of the parties, and maintain notes that become the foundation of a written
agreement! - a Memorandum of Understanding.

Facilitative - We keep the process moving by opening channels of communication and
keeping them open. Realising that in these circumstances attitude can be affected by
normal emotions such as anger or fear, we help you avoid conversation-stoppers and help
you maintain your focus on your interests and options.

Substantive - We can offer information, suggestions and brainstorming ideas, all the time
working with you to construct solutions based on your needs.
Mediators are professionals, trained to help parties negotiate solutions on all issues arising
from separation:

What will happen to the house?
Where will everyone live?
How will the individuals separate their finances and assets?
How will the children cope?
When will the children spend time with each parent and how will this affect the wider family
circle?

The mediators are impartial and non-judgmental and offer no solutions but instead help the
parties themselves to identify solutions that best meet the needs of each person involved.
As mediators, we do not give advice, therapy or counseling.




                                              6
                       Family Mediation Handbook by See Change Mediation


How It Works
Each party independently contacts See Change Mediation.

Information is sent out to both parties - this includes a sample Agreement to Mediate and a
F.A.Q. info sheet, together with details on cost.

If both parties are agreeable to participate in the mediation process, initial appointments
are made to meet with each party separately, usually immediately prior to any joint
sessions.

In accordance with what we believe is best practice in A.D.R. (Alternative Dispute
Resolution), all family disputes are co-mediated by a male and a female mediator.

Mediation is conducted by way of both individual and joint sessions as appropriate.

The process is completely confidential, voluntary and non-binding to the point of
agreement. If the parties decide to enter into legally binding arrangements pursuant to
mediation, this can be organised through their respective legal representatives. At the
conclusion of the mediation process, the mediators will furnish a Memorandum of
Understanding in order to facilitate this process.




                                              7
                       Family Mediation Handbook by See Change Mediation


Advantages of Family Mediation
Time saving – Disputes that go to mediation can be resolved much more quickly than
through protracted Court proceedings.

Cost saving – Mediation can prove to be much more cost effective than contested Court
proceedings.

Less stress – Mediation involves significantly less stress for parties and their families than
going to Court.

Control of the process – In mediation the parties control the process and any outcome
achieved.

Flexibility – The parties set the Agenda and decide what issues need to be addressed.
More flexible and personalised outcomes can be achieved than would be available in the
Court context.

Preservation of relationships – Mediation avoids polarising the parties in the way a Court
case tends to do. The process assists the parties in finding ways to communicate
respectfully going forward and to resolve issues in a positive way. This is particularly
beneficial regarding parenting issues.

Confidentiality – Parties who find themselves battling out matters in Court are forced to “air
their dirty laundry” in a very public forum. Mediation on the other hand is absolutely
confidential and respects the privacy of all concerned.

Success rate - Mediation has an average successful resolution rate of 80%.




                                              8
                       Family Mediation Handbook by See Change Mediation


What You Get at the End of Mediation
Following the final Mediation session, our mediators will record what the clients have
agreed in a Memorandum of Understanding. This document carefully outlines the
decisions made by the parties and can be used by the parties# independent solicitors,
following review to assure that each party#s interests are protected, as the basis for the
preparation of legal documents if required.




Contact Us:

See Change Practice,
Park St. Medical Centre,
Park St., Dundalk,
Co. Louth.

Maurice: 087 299 9866
Berni: 087 204 9047
Office: 042 935 1578

Email: info@seechangepractice.com
Web: http://www.seechangemediation.ie




                                              9

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:21
posted:10/1/2011
language:English
pages:10