How does mediation work?
Family law mediation is a process in which a neutral third party, known as a mediator, helps individuals and families resolve disputes related to family law matters such as divorce, child custody, and property division.
Initiating the Mediation Process
The process typically begins with the parties agreeing to participate in mediation and selecting a qualified mediator. This involves signing an agreement to mediate. The mediator will then schedule a series of meetings, during which the parties will discuss their issues and work towards a resolution.
Understanding the Mediator's Role
The first step in the mediation process is for the mediator to explain the process and the rules that will govern the meetings. This includes explaining the mediator's role, the confidentiality of the process, and the fact that the mediator cannot give legal advice. The parties will then have an opportunity to express their concerns and goals for the mediation.
Expressing Concerns, Goals and Aspirations
The mediator will then help the parties identify the issues that need to be addressed and will facilitate communication between the parties to help them understand each other's perspectives. The mediator will also help the parties brainstorm potential solutions and evaluate the pros and cons of each option.
As the parties’ work towards a resolution, the mediator can help them create a written agreement that outlines the terms of the settlement. That agreement can be reviewed or drafted by the parties’ counsel, if they have them. Upon agreeing to terms, the agreement is legally binding and, if necessary, can be incorporated into a court order.
It's important to note that mediation is a voluntary process, and either party can choose to end the mediation at any time.
Overall, family law mediation is a process in which a neutral third party, known as a mediator, helps individuals and families resolve disputes related to family law matters. The mediator facilitates communication, helps parties identify their needs and interests and helps the parties work towards a mutually acceptable agreement. It's a voluntary process, and parties can choose to end the mediation at any time. Mediation can be beneficial for many cases as it is less formal, less costly, quicker and less stressful for the parties involved. However, it's important to consider the specific circumstances of each case before deciding whether mediation is the right choice.
