Disputes within families are not uncommon. There may be (amongst others) issues within a marriage, within the wider family unit, inheritance issues, financial difficulties. The Covid-19 pandemic has put extra pressure on families over the past year.
Mediation is a flexible process conducted confidentially. During the process, a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference. The parties are in ultimate control of the decision to settle and the terms of resolution - Centre for Effective Dispute Resolution (CEDR).
There has been an acknowledgement of the need for the amicable settlement of disputes through mediation rather than through the courts. The court system is built on an adversarial premise of winner and loser. The parties also have no control over what a judge decides.
Against this backdrop, and the desire of Mawlana Hazar Imam for the Jamat to be able to resolve differences quickly, fairly and equitably, the National Conciliation and Arbitration Boards were ordained in 1986 under the Ismaili Constitution.
The mediation process is characterised by the notions of impartiality and confidentiality. It is also a voluntary process. In the work of NCAB, the mediation process seeks to achieve, as far as possible, fair and equitable solutions, which are sustainable. In order to achieve this, the parties are encouraged to be creative in their approach to resolving problems. There are no rules of evidence and any offers or concessions made are without prejudice, meaning that there is a level of flexibility in the process. Perhaps the most important aspect of mediation is that the parties “own” the solution. It is not imposed on them. If the parties have made the decision, it is a “win-win” solution.
Family Mediation is where two (or more) people meet in a confidential space to help resolve any disputes. A trained mediator will be present to assist in helping parties come to a resolution and settlement. Mediation provides a safe forum to communicate anxieties to the other person. It can help family members settle arrangements for children and/or financial and property matters at any stage of separation/divorce, including any other family matters. Participants are helped to reach well-informed decisions, without pressure from each other or from the mediator. When a full and final settlement is needed in divorce proceedings, the terms worked out in mediation can be used as the basis for a consent order.
The following are some of the benefits of resolving family (and other) disputes through mediation:
- It is less stressful than going to court and more cost effective
- It is private and confidential
- It is a quicker process
- It helps parties make arrangements over parenting, property and finances
- It enables parties to have more control of their family’s future, and assists in focusing on the interests of the children
- It helps parties move on quickly to the next stage of their lives
NCAB can assist in all matrimonial and family matters with trained mediators. For further information please contact Chairperson Yasmin Dhanji or any NCAB Member on [email protected].
For further information on Family Mediation Week and the Family Mediation Council, please visit www.familymediationweek.org.uk and www.familymediationcouncil.org.uk.
