What is Family Mediation?
Family Mediation is a process used to help people reach agreements. In this process, a neutral, trained mediator works with people to discuss all of the issues related to their family conflict, to explore possible options for settlement, and to identify solutions that best meet the needs of each person involved. Using family mediation services can result in sound decision-making, lessening resentment, greater understanding, improved communication, and transformation of relationships. Family law mediation services also benefits clients by avoiding costly and hurtful litigation.
A family law mediator promotes discussion and negotiation that allows the participants involved in a conflict or a dispute the opportunity to exchange opposing views, ask questions, discuss difficult topics and find solutions. A family mediator is a neutral third party who assists the participants to explore and find mutually acceptable solutions in a focused, thoughtful, and creative way.
Mediation services have become a common and widespread method of solving family issues. Family mediation enables clients to have control of the process, rather than the courts. With the assistance of family mediators, clients can plan for their own future, limit the financial and emotional cost of conflict, and formulate solutions that fit their specific needs and concerns.
When can mediation be done?
Mediation can take place at any stage in a situation, and we believe that the earlier it is considered, the better. For example, when people make a decision to divorce, they are at a critical point. Before any money is spent, or any commitment is made by either person to work with a particular attorney, the benefits of mediation should be considered. If mediation sounds like a good fit, both people can then seek out attorneys who are supportive of mediation to consult with them and advise them as to their specific situation. We believe that this approach can lead to peaceful, personal, and private solutions that most often save time, money, and stress.
If mediation is not considered until later in the process, there may have been significant time and money spent without reaching agreements, and emotions can run very high. Chances for reaching a peaceful agreement may have diminished, and the likelihood of having to resolve the case either through an expensive trial in court or late stage mediation is higher.
Why choose a family mediator?
Through family mediation, the parties reduce the expenses and stress of court proceedings, and reduce the emotional toll of conflict. In family mediations, the participants benefit greatly by preserving the possibility of ongoing relationships in the future, if they so choose.
When children are involved, the process of family law mediation involves mutual decision making by the parents instead of high conflict and court ordered solutions. This shields the children from the corrosiveness and bitterness that often spills over to them when the Courts and litigation are involved. Family mediation in this way strongly promotes and fosters the well-being of the children.
However your particular family is structured, family mediation will focus on finding win/win solutions and allowing parties to go forward with more understanding of each other's points of view than they had previously.
Divorce
Many couples are now choosing Divorce Mediation as the preferred method to end their marriages. These are couples that want an amicable divorce. Mediation for divorce has great benefits to divorcing couples. While lawyers are used as reviewing attorneys in mediation, divorce mediation, in many ways, is divorce without a lawyer. This gives people who want a friendly divorce the chance to move forward in their lives without the bitterness that generally accompanies litigated divorces
Child Custody
Now more than ever, both parents generally want to have significant time with their children after divorce. That is why in child custody cases, the more modern term for child custody is "parenting plan", a written plan outlining the responsibilities of each parent for the children, where the children will primarily reside and when they will be with each parent. Divorce mediation in which mediation for child custody is a topic provides an excellent setting where an open, productive, and facilitated discussion as to the best living arrangements for the children after the divorce can take place.
Cohabitation and Non-Marital Parenting
When couples chose to live together without marrying, they might wish to make cohabitation agreements (written or verbal). A cohabitation agreement can address the day-to-day terms of their living together, or how they will handle property issues during their cohabitation and afterwards if their cohabitation ends. A couple can use a family mediator as a neutral third party to facilitate the discussion and help them come to decisions.
If non-married parties have children (whether or not they are living together), parenting, and support of the children can raise important issues. An experienced family mediator can help these people come to decisions about the practical considerations of raising children out-of-wedlock without resort to litigation.