Many instances nowadays include family or relationship problems and disputes that cannot be resolved through simple conversation. Often, they require the help of a lawyer who can serve as a mediator for both parties to thoroughly address the conflict and emotions on which they seem to disagree. Going to court to settle a family conflict may be costly, time-consuming, and emotionally exhausting. Mediation is an excellent alternative to the judicial system for many families. But, exactly, what is the procedure of family mediation? We will provide you with a better knowledge of Mediation and what to expect during the process.
What Exactly Is Family Mediation?
Family mediation is a procedure in which the parties involved attempt to sort out their relationship and settle all of their issues and grievances with the help of a neutral third party. A mediator’s rule is to assist both parties in identifying their problems and finding their common ground on which to negotiate. They will not advise either party on how to reach a compromise or provide legal counsel. Family mediation may take place in a neutral location, in different rooms with the mediator traveling between the two parties (shuttle mediation), or over the phone through a conference call.
Who Can Act As A Mediator?
Mediation is not a replacement for complete legal assistance, which is when a lawyer defends you from the beginning to the conclusion of your lawsuit. The mediator should not take sides or give professional advice to you or the other parent. It is highly advised that a lawyer examine any mediated agreement. If you do not even have complete legal counsel, a mediator may be able to assist you in locating a lawyer who offers unbundled legal assistance like Family Lawyers Perth.
Unbundled legal services lawyers may do specific duties such as evaluating your deal, advising you during discussions, or addressing legal concerns you may have during Mediation. Unbundled legal services may be less expensive than full representation and are often advantageous for self-represented parties.
Family Mediation Process
- Statement Regarding Concerns allows each side to express their position and what they believe the matter is.
- When the mediator asks open-ended questions to gather more information regarding the issues identified by each side, this is referred to as a joint discussion.
- Negotiation occurs when the mediator helps both parties determine and identify their options for reaching an agreement.
- Private Discussion is when both parties can discuss their thoughts and ideas with the mediator or their lawyers/support.
- Agreements state that the mediator will write it if the parties agree, which means that the deal is legally valid.
How Can I Find A Family Mediator? How Much Does Mediation Cost?
A prosecution or public mediation program may hire specific family mediators. These programs may provide mediation for free or at a reduced fee. Some organizations may charge a sliding fee scale for mediation, with the amount paid depending on your income. When you engage a private mediator, you will usually be paid by the hour. Before agreeing to begin mediation, you should enquire about the fees and how payment is anticipated to function. Some mediators will demand that you and the other parent split the cost equally. Others may reach a different agreement. Some people prefer a retainer, which is money that is paid in advance, for a particular span of time.
Many mediators will have a comprehensive “Agreement to Mediate” that contains all of the information regarding your Mediation. If the mediator does not provide you with a written agreement that you may read before beginning mediation, you should request one. Mediators, like physicians and attorneys, are held to high ethical standards, and they must be exact when arranging for mediation.
What Are the Benefits of Mediation?
Listed below are things you can gain from Family Mediation:
- Family Mediation is effective because problems address only in a few sessions.
- Rather than dealing through years of litigation, which may potentially destroy family relationships, the focus of Mediation is to find common ground and solutions that serve both parties, thus helping in preserving family relationships.
- Unlike a court case, family mediation is a non-adversarial procedure that does not need the use of a lawyer. However, some people feel more comfortable with a lawyer present.
- It is flexible since both parties have a more excellent voice in the negotiations and control the results.
- The expenditures are significantly lower than those of litigation that is why it is affordable.
- Court proceedings are accessible to the public, while Mediation is private. Furthermore, in the process, the information that will gain by the involved person will not be used in a court proceeding or judicial action.
When Mediation Doesn’t Work
When the mediation ordered by the court doesn’t work, you may still go to trial and litigate a decision. Parties in an emotional mediation may believe that litigation is better sometimes, although this is seldom the case. Also, if the mediation does not work and the matter is returned to court, it is more expensive. The failed conciliator, as well as the litigation process, must still be compensated . Furthermore, since the judge has the ultimate word in litigation, the parties lose their chance to engage in the broader solution to the issue at hand. In Mediation, each party may strive towards a compromise in which everyone perceives some success. In the event of litigation, a side may be entirely ruled against, and that judgment is final.
Problems concerning your family relationship should be talked about or, if needed, referred to counseling to avoid further harm. Family mediation is an ideal alternative for those who want a confidential and affordable settlement of their disputes. You must be truthful about your worries and obligations in order to address your difficulties. So, as mentioned, Family Perth Lawyers provide family mediation, which seeks to assist families in adhering to their problems to have a healthy and happy life. They tailored assistance with their trustworthy and dedicated team that will surely help you aid your facing challenges.