Table of Contents
Family mediation is an opportunity for parties involved in a family law dispute to participate in a facilitated discussion of the specific issues in their case. These issues may include but are not limited to:
The process is often less expensive and faster than litigation. It can also reduce hostility and acrimony between parents, which is important for children after separation and divorce.
Family Dispute Resolution
Family mediation is a type of alternative dispute resolution that helps families resolve their legal issues outside of court. This is done through a series of sessions with a trained mediator who facilitates discussions to help you find practical solutions that are best for your situation.
Unlike traditional litigation, mediation takes place in a flexible timeframe that fits your schedule. Sessions can be online or in person, and you can attend separately or together with your lawyers.
There are some cases where mediation isn’t appropriate, such as if there is high conflict, power imbalance or family violence. However, you should discuss this with your mediator before beginning the process. If you decide that mediation isn’t for you, your lawyer can assist you in bringing your case to trial.
Child Custody
If you have children, mediation can help you resolve disputes about custody and visitation schedules. It may also be helpful for resolving disputes between other family members, such as grandparents.
Custody mediation can be stressful, but careful preparation and a calm mindset can increase your chances of reaching a solution that benefits everyone involved. Cynthia Hernandez Law recommends preparing for mediation by clearly defining your goals and discussing your expectations with your attorney. It’s important to stay calm throughout the process and avoid derogatory remarks or accusations.
Also, remember that mediation is not about you. It’s about the best interests of your child. Lastly, dress professionally — mediators and judges are more likely to take your concerns seriously when you look put together.
Child Support
During mediation, parents can discuss how child support is determined. Rather than having a judge make this decision, the parents can work out a customized arrangement that reflects the unique circumstances of their family. This is especially helpful when figuring out extracurricular activity expenses such as music lessons, camps and other special events.
The parents can also discuss a parenting schedule during mediation. If the parents can agree on a custody schedule, then they can save a lot of time and money by not having to go through a lengthy legal battle in court. The voluntary settlement that the parents reach during mediation is also more likely to be carried out than a judgment ordered by the court. This makes the process easier for everyone involved.
Alimony
As part of family mediation, spouses may negotiate alimony. Although judges are typically the ones who make this decision, mediators can help parties reach their own agreement about spousal support.
During mediation, the parties discuss the issues in a series of joint and private sessions. The mediator focuses on identifying the problems and exploring settlement options.
Most people find that mediation is significantly less expensive than a court case. The process also is quicker and less stressful. However, there are some cases in which mediation is not a good fit. For example, if domestic violence, drug/alcohol abuse or child neglect/abuse are present, it is not appropriate to go through the mediation process. However, you can consult with a family lawyer to discuss the situation and see whether mediation is an option for you.
Property Division
Divorce is a complex process with many issues, and property division can be one of the most contentious. Couples in the midst of marital dissolution often face emotional stress and financial costs due to complicated legal battles. Family mediation is an alternative to litigation that helps spouses reach a resolution to their property-related disputes.
The mediator assists spouses by guiding them to discuss their property assets and determine what criteria would be fair for them to equitably divide those assets. This can include items like household goods, cars, and jewelry.
During mediation sessions, both parties are encouraged to share information about their assets, including current financial documents and tax returns. The mediator will review these documents with both parties. This information will then be used to create a mutually agreeable property division settlement.https://derbyshire.lakesmediation.co.uk/