Family mediation is a voluntary process where an independent mediator helps family members resolve conflicts, especially relating to divorce, separation, child custody, and other family-related disputes.
Who can benefit from family mediation? Anyone involved in a family dispute, including divorcing couples, parents, children, and other relatives, can benefit from mediation. It’s especially useful for those looking to avoid lengthy court battles.
What issues can family mediation address? This can include children custody, children support, access, spousal support, division of the property, or other family matters.
Is family mediation legally binding? No. However, agreements concluded in mediation are binding if made in writing to become a binding legal contract provided that both parties agree to have it.
Do both parties have to be in the same room? No, family mediation can be conducted in a joint session or through separate sessions where the mediator meets with each party individually (known as shuttle mediation).
How long does family mediation take? Family mediation can take as little as a few sessions or as long as several weeks, depending on the complexity of the issues and the willingness of both parties to cooperate. Sessions usually last 1-2 hours.
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What are the qualifications of a family mediator? Family mediators are professionals who are trained and certified or accredited in family mediation. They may come from a legal, social work, or psychology background.
Is mediation suitable for all families? Mediation is inappropriate where there is a history of domestic violence, substance abuse, or where one party is not willing to participate. Other mechanisms of dispute resolution may be preferred in such cases.
How much does family mediation cost? The cost varies depending on the mediator and the location. Many mediators offer a fixed fee per session, while others may charge hourly rates. Some areas may have government-funded services to help with costs.
What happens if mediation doesn’t work? If mediation doesn’t resolve the issue, the parties can pursue other methods of dispute resolution, such as going to court.
Can a lawyer be involved in family mediation? Yes, lawyers can attend mediation sessions to advise their clients, though mediation itself is generally designed to be a non-adversarial process.
Is family mediation confidential? Yes, family mediation is confidential. What is discussed during the mediation process cannot be used in court unless both parties agree to it.
How does a family mediator help? A family mediator can assist in communicating issues, making it easier for parties to understand the concerns of one another, and guide parties to a mutually acceptable solution.
Is there an age limit when the children can be incorporated into mediation? The involvement of children in mediation depends on the child’s maturity level, while at times their views may even be taken and incorporated directly with the mediator in the discussion process.
What are the advantages of family mediation? Family mediation enables quick resolution, usually at less expense than litigation in court, has more control of the participants’ processes, and may preserve the family relationship since it promotes collaboration.
What if one party fails to attend the mediation? In case a party refuses to attend, the mediator may recommend other alternative methods for dispute resolution or the party that attends may resort to court.
Can mediation be used after the finalization of divorce? Yes. Actually, mediation can be used post-divorce to try to solve issues associated with child custody, visitation, and other current issues at hand.
What is the process of family mediation? Generally speaking, the process involves an initial consultation, agreeing on the issues to discuss, joint or separate sessions, and finally, creating a memorandum or agreement that outlines the resolution.
Can a mediator provide legal advice? No, family mediators are prohibited from providing legal advice but may explain the available legal options and encourage parties to seek their own legal advice.
How do I find a family mediator? You can find accredited family mediators through professional mediation associations, local family court programs, or referrals from lawyers or counselors.
