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Lakes Family Mediation

Family mediation is the process by which an impartial third party, often referred to as a mediator, facilitates the resolution of family disputes. While it’s mostly used to resolve issues surrounding separation and divorce like child custody and division of assets, it can also be used to resolve other family disputes such as blended family issues, poor communication, adoption issues, dealing with senior parents, and so on. Family Mediation is voluntary, meaning any session can be suspended or terminated if one or both parties are unwilling to continue with the process.

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How Does It Work?

Family mediation can be as informal as just having a family member or friend mediate, or it can take a more formal approach involving a professional mediator. The mediator is to remain neutral and only promote communication between the disputing parties. Here are the major steps in the mediation process:

Preparation

There are a few things both parties can do to prepare to help the process go smoothly. For starters, meet with a lawyer individually to learn about their obligations and rights throughout the process. They should also gather all the necessary documents that might be useful during mediation such as tax returns. Lastly, they need to write down what they disagree on and why.

Evaluation

During this stage, the mediator explains what the entire process entails, including the ground rules and the role of both parties. The mediator will also outline the issues and areas that will be discussed later on.

Negotiations

In the sessions that follow, the mediator gives equal opportunities to both parties for them to tell their story uninterrupted. He/she then tries to find common goals and helps the feuding parties to focus on identifying the real issues. The mediator then holds brainstorming sessions and asks open-ended questions to encourage both parties to talk and explore possible solutions.

Reaching an Agreement

The goal of this process is to find some common ground and reach an agreement that addresses the issues identified earlier. Both parties are encouraged to abide by the agreement; plus, they can choose to sign it and make it a legally binding contract. Be sure have the agreement reviewed by your attorney before signing it.

Benefits of Lakes Family Mediation

It’s cost-effective: Mediation is generally cheaper compared to litigation, which requires a lot of legal aid fees.

It preserves family relationships: Mediation solves conflicts by fostering understanding, encouraging communication, and mutual decision-making. These skills can be used later on to help maintain long-term family relationships.

Confidential: Information obtained during mediation is private and confidential that it cannot even be disclosed to the courts unless with the consent of both parties.

Control of the situation: Unlike arbitration or going to court, mediation leaves the decision-making to the disputing parties.

Less stressful: Mediation occurs in a neutral setting that promotes friendly cooperation and not confrontation. Less stress on the disputing parties means less stress on the entire family.

If family disputes can’t be resolved through mediation, the issue may have to be taken to court and have the judge make a decision. Family mediation is, however, not a substitute for getting independent legal advice, psychological help, or therapy. It’s also not recommended for certain people like victims of family violence and those who are mentally ill.

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