Family Mediation - Questions and Answers
A Definition of Family Mediation
Mediation is a form of Alternative Dispute Resolution (ADR) that can help family members work through their differences. With the help of a mediator, or third-party neutral, the disputants can have a private conversation and work out a compromise. The mediator's neutrality means they won't tell you what to do, but they can help you sort through the legalities and open up communication.
What Topics Can Be Discussed in Mediation?
Disputes arising after a divorce or separation, such as those involving child custody or property ownership, can be mediated by a trained mediator. Land and money issues are two more types of family disputes that can be helped by mediation. Additional concerns include who gets the family pet, who pays for medical expenses for sick relatives, and what happens to visitation rights if one parent is forced to live in an unsuitable environment after the divorce.
How lengthy is the typical mediation session?
Although the mediator has some leeway in setting the time limit based on how they see the mediation proceeding, it should not go beyond three hours. A resolution will be pursued to completion if it appears to be within sight. However, if it seems like there are a lot more problems to solve, then more meetings may be scheduled. The average length of time for a mediation to succeed is three to six hours. If at this stage there is still no agreement, the mediator may decide to try a different approach or escalate the case to a higher authority.
How Private Is This Procedure?
While most of what is discussed during mediation remains confidential, it is important to note that any discussion of finances may be made public if the case were to go to court. Unless both parties agree otherwise, any information shared during the mediation process is confidential and cannot be used in court. One or both parties may request caucuses, or private meetings with the mediator, at any time during the mediation process. Any discussion that takes place in this private setting is off-limits for use in the mediation process unless both parties agree.
How do Parties Ensure Compliance with an Agreement?
If the parties are able to come to an agreement that is acceptable to both of them, a summary will be drafted and presented to an attorney. Following this, the attorney will draft a legally binding agreement based on the summary and have both parties sign it. The mediator's initial summary is not a binding contract but a good faith agreement. A representative of the law is required before it can become a legally binding agreement.
Do Mediators Have Any Real Authority?
It is becoming increasingly common for mediators to have a legal background, and many mediators have a deep familiarity with the legal process. However, some parties prefer to work with mediators who are not licensed attorneys but are instead paralegals with mediation training and a solid grasp of the law.
What Are Good Sources of Information About Family Mediation?
Our video library will give you insights into civil, elder, community, divorce, child custody, and other forms of mediation, and finding specific information on ADR services and mediation services will help you determine whether or not these forms of dispute resolution can be helpful to you. The success rate of the mediation process can be greatly improved by using a service that is specialized in dealing with your particular conflict type, such as workplace, marriage, family, or peer conflict.
