Family Disputes and mediation
For family disputes not only do courts want couples to try mediation but its becoming the most common option for couples to resolve any issues.
Family Disputes and using Mediation as a Solution
Mediation is can help in most disputes when you are unable to solve them alone.
How mediation assists in divorce
It is worth considering mediation if you are unable to sort some issues between yourself. Mediation involves talking with your spouse in the presence of a professional mediator.
Mediation is different from marriage guidance or counselling which deals with emotions in a relationship. It assumes that your relationship has broken down and you are attempting to sort out the disputes with your children, partner, home, legal practicalities or finances.
As a result of the relationship breakup, mediation looks at some ways of resolving the disputes. Nevertheless, it is perceived to be a way of avoiding the court process. Hence, it saves too much money, stress and time.
Are there winners and losers in mediation?
We offer shuttle mediation where you are in separate rooms. This can take away the stress of facing an ex-partner in the same room.
This also is necessary when there has been domestic violence, abuse or control in the relationship.
We will always ensure there is equal power balance in the mediation meetings.
Advantages of mediation
Mediation assists in reducing the stress, tension, misunderstandings and anger.
In addition to that, it improves communication between the different parties involved. This is one of the greatest advantages of mediation as communication is very important when trying to reach an agreement.
This is specifically important for partners if they have children as they need to corporate over the upbringing and care in the upcoming years.
Is mediation suitable for children?
Most of the children at a minimum age of six years will benefit from the mediation.
The children are allowed to discuss their feelings with somebody outside the family.
After discussing the feelings which include: sadness, fear, anger and abandonment, children will then get back to being children.
Is mediation suitable for me?
Mediation is suitable for people who are either single, married, do or don’t have children.
At any negotiation stage, you will both feel that it could assist. A mediator is a trained person for creating and maintaining a sense of balance in the discussions.
However, can consult a solicitor for guidance if you there have been any issues involving domestic violence.
If you want mediation yet you don’t want your partner to get access to your contacts, you can inform the mediator.
Do you still require a solicitor?
Some find it useful to retain a solicitor during mediation for legal advice. You may arrange this at any point in the process.
It’s important to make sure that the solicitor you choose specialises in family law. Because the lawyers are there, it will be more expensive, but it can be useful if you feel nervous about negotiating or discussing issues.
It is also useful if there are difficult legal issues to be resolved.
The expectation of the first mediation meeting
The meetings normally take place in a safe and private place.
Usually, it is only you, your partner, and the mediator who is present. Since the setting is informal, only first names are normally used.
During the mediation process, the mediator will ask you questions and you will answer them. Apart from that, you will be asked about issues which you may wish to discuss.
How many sessions would you expect during the mediation process?
Depending on the nature of the problem, generally, two or four sessions are suitable.
Each of the sessions will last for about one and half hour.
The mediation sessions don’t have a standard fee. A community legal service will also fund you if you are at a low wage or doesn’t have much savings or capital.
It is vital to look for mediation if you are already receiving the funding for legal advice.
Is everything which is discussed confidential?
Unless you both agree, nothing will be passed on to a third person. But, if the mediator thinks that an adult or a child is at risk of harm or has already been harmed, he or she will stop the proceedings before taking necessary actions.
Advantages of mediation
Disadvantages of mediation
Mediation is very costly when it comes to emotional stress. It can be quite traumatic for the two of you to face each other. However, there is a lot which can be gained. If one of you had made all the decisions or held the pursue strings, you could feel at a disadvantage. But, the mediator will keep everything on level ground. The major disadvantage will occur when the solicitor is not used to the mediation process. The solicitor is the only person who can apply for personal circumstances to the law as well as for deciding that mediation is equitable and fair.
The Benefits Of Using A Support Group During A Family Dispute
Family disputes can be very complex and sometimes there are issues that cannot be resolved amicably between the parties involved. Mediation can be extremely helpful in these situations and in order to ensure the best possible outcome, it is important that all parties are fully aware of the options available to them.
Mediation is most often used in cases where there is an ongoing conflict between the partners involved. It is often the best option as a last resort and there is a much better chance of reaching an agreement once the mediators are involved. However, mediation is not suitable for all parties and the mediator’s solicitor and the other party’s lawyer will probably consider any problems that might make mediation impossible or inconvenient.
The advantages of mediation include: although family mediation is on the agenda this week in #FamilyMediaground, it is important that the participants realise the importance of mediation and how it can offer them both a chance to put their differences on the table and resolve them quickly. In the vast majority of cases, mediation is more effective than going to court. This is because a mediator is able to listen to both sides and then offer solutions that are mutually beneficial to everyone involved. There is also no need to deal with lengthy, expensive litigation, which is particularly important where children are concerned.
Mediation is a form of informal communication and if your partner is agreeable to the idea, you may find yourself agreeing to things that you would never have agreed to otherwise. For example, you may agree to the mediation but disagree with one or two of the questions asked during the session. In this situation, it is up to you to ask a question or to try to clarify what the other person is trying to say.
Communication is a very important part of mediation. You will both need to make sure that you keep each other informed and that you are clear about any agreements or misunderstandings that arise from the session. If one of the parties is unhappy, the other will need to be as well. At this stage, if you both agree, mediation can be concluded and this is when you can both move on with your lives.
Mediation can be quite stressful at times and for some people, they may find it very difficult to make the most of the time that is allowed. If this is the case, then you should consider using a support group facilitators who are there to help you.
Family Disagreements - How to Solve Family Disputes Before Going to Court
Family disputes and legal disagreements between spouses, parents or children, sometimes end with a divorce, separation or a simple custody agreement. However, most family disputes occur among members of the family, resulting in a family court hearing or other adversarial proceeding.
When families and divorces get too heated, there may be family disputes over the family home, where children spend most of their time, as well as property, children custody, or child support. In such cases, mediation is usually considered by both parties.
Family dispute resolution in court is often an expensive process. When both parties are represented, there may be exorbitant legal fees, witness fees, and other expenses that may not be covered by insurance. In addition, the trial and the court proceedings may take place on short notice and require a lot of travel. Therefore, families and divorces sometimes resort to alternative dispute resolution.
Family mediation is an alternative to a family court hearing and can often provide more favorable outcomes. Family mediation and arbitration are alternative dispute resolution methods that focus on eliminating the most contentious family disputes through negotiation and mutual understanding. The mediator and/or arbitrator try to resolve any underlying disputes between the parties, and may also make suggestions to help improve the situation. A family mediator usually has extensive experience in dealing with both family disputes and litigation.
If you think that your dispute may lead to a court action, you should contact a professional family law attorney before resorting to alternative dispute resolution procedures. Your lawyer will be able to tell you if it is worth your effort and expense to pursue a court case.
Remember, if you are involved in a family conflict resolution or arbitration, your goal should be to reach an agreement that works in your favor. When possible, you should settle the matter before going to court.