In family mediation, an unbiased third party is tasked with resolving issues between parties in family law disputes. The third-party mediator facilitates non-confrontational communication between parties, with the goal of resolving the dispute in a conciliatory way. Such resolutions typically involve some form of compromise between parties. Family mediation is a popular choice because it’s less time-consuming and costly than a court trial. In some cases, it can preserve the structure of the family by avoiding conflict that comes with litigation.
What’s Involved in Mediation
The mediation process begins when parties agree to go to sessions. Getting parties to agree is the hardest part of the entire family law process; if either person is unwilling to work with the other, they cannot be forced into mediation. The next step is to choose a mediator (some are chosen by judges while others are chosen by the involved parties). Depending on the case’s circumstances, mediation may last several days to a few weeks. During sessions, parties voice concerns and try to reach an agreement. A final agreement is not binding, but the parties can formalize it in a contract.
When a Mediator Can Help
For mediation to be successful, parties must participate. The process is recommended only for the willing; it’s not appropriate for those who are recovering from emotional trauma or who don’t have the legal capacity to make their own decisions. It can address issues such as child custody, spousal support, estate disputes and divorce.
Preparing for Mediation
In some family law cases, a judge will ask the couple to prepare statements of the dispute, along with a desired outcome. If the above situation applies, parties should be ready to present their summaries during the mediation process. However, even if such preparatory measures aren’t ordered by a judge, the couple should still get ready by gathering documents such as police reports and receipts. Procedural details can be decided on before sessions start, and the details will be written into a contract for both parties to sign.
Hiring an Attorney
There’s no requirement for a lawyer to be present during mediation, but it is recommended that both parties hire legal counsel before sessions start. If one person brings an attorney but the other doesn’t, it is considered an unfair advantage. Both parties in the mediation process should hire a family lawyer from website, and neither should sign a contract without a lawyer’s advice.
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