Family Mediation, what is it?
Family mediation the process of resolving family differences that have arisen within a family setting, during/after a divorce or separation or other family misunderstandings. A professionally trained mediator is engaged to act as a neutral third party and will help resolve any differences and assist in conciliation.
Issues that may be addressed in family mediation conferences can cover a range of topics, from issues over property and possessions, to arrangements regarding finances and children to wills from a past family member.
Benefits of Family Mediation
Mediation is the practice in which parties are assisted by a neutral third party to work around possibilities of resolving disputes between themselves by agreement without judgment. Below are a few of the benefits of mediation:
- Parties arrive at their arrangements, without being told what to do
- The process inspires problem-solving
- Cost effective
- Much less stress than court
- Ability to discuss options and ideas
- Private and confidential
- Relatively swiftly resolution
- Impartial party enabling discussions
- Family relationships are saved as the process is good-natured
- Decrease aggression and reduces conflict.
Family mediation is becoming the common way to resolve differences after the breakdown of a relationship. As an effective process of settling complaints without going through the courts, mediation is fast, private, and cost-effective.
Family Mediation Can Resolve
- Divorce and separation of couples;
- Disputes between parents and children;
- Post-divorce and separation child related issues;
- Disputes over care for aged or critically ill relatives;
- Disputes over grandparents’ right to contact grandchildren;
- Family related loans and other assistance;
- Family quarrels that have led to bitterness;
- Bequeathed family disputes after a death;
- Family business disputes.
The Family Mediation Process
Whatever the nature of the disagreement, family mediation offers a guileless and cost-effective way of resolving disputes. The process starts when the disagreeing parties each agree upon a qualified mediator to guide the proceedings.
The mediator and the two conflicting sides’ then meet in a place agreeable to all those concerned, and the complaints of each party are discussed. Each one explains their concerns and needs, while the mediator makes sure that each side is heard entirely and correctly. It is vital to remember that the mediator does not have the right to make decisions on behalf of either party, but is there basically to aid the negotiation to a mutually satisfactory agreement.
Often, family mediation will successfully allow an amicable settlement to be reached. Even so, any agreements made during family mediation are binding the same as any contract. Divorce mediation does require the parties to submit the mediated agreement to the court for a judge to approve and sign.
How does Family Mediation Help?
Family mediation has a lot of benefits over litigation, which can be costly, stressful, and time-consuming. The benefits of family mediation therefore include:-
- Speed – conferences on average take 2 hour to 4 hours, and the number of conferences will depend on the nature of the dispute. Ordinarily, a settlement can be reached in 1-2 conferences.
- Cost – taking family matters through the courts can be a costly affair. With mediation, on the other hand, you will be informed of costs before you begin proceedings, ensuring cost certainty.
- Privacy – all discussions during mediation remains private and confidential, the only exception being if there is concern that the welfare of a child is at risk of imminent harm.
- Reduces conflict – mediation is a less hurtful way of resolving disagreements than litigation, helping to preserve some form of relationship. This is mostly important where children are involved or family businesses.
The Roles of a Family Mediator
A mediator must at any time be a neutral and impartial third party whose sole role is to facilitate the mediation process. The mediator does not represent ANY party, give legal advice or make a ruling.
The mediator is there to help the parties in reaching an agreement that they craft together. Whether the family mediation is a divorce, child custody, Co-parenting (visitation) or any other problem, the mediator’s role is the same. He or she must assist as an unbiased, impartial third party to assist the parties in resolving their disagreements. To do so, the mediator must recognize and simplify the issues for the parties, assess and test the parties’ positions, try to find inspired solutions that let each party compromise, and make sure that any agreement reached is reduced to writing. Notwithstanding any other training a mediator has, the mediator may not serve in any other know-how to the clients regardless of their professional training or licenses, including legal advice.
Rapidly growing in popularity, family mediation has become a vital tool within our legal system for solving disputes that save people time, money, stress, and helps to preserve relationships.
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Family mediation the process of resolving family differences that have arisen within a family setting, during/after a divorce or separation or other family misunderstandings. A professionally trained mediator is engaged to act as a neutral third party and will help resolve any differences and assist in conciliation.
Issues that may be addressed in family mediation conferences can cover a range of topics, from issues over property and possessions, to arrangements regarding finances and children to wills from a past family member.
