Family mediation is a type of conflict resolution
that involves an impartial third party. A family mediator can help people find
resolutions for their problems and conflicts. A voluntary agreement developed
with the help of a family mediator is oftentimes less adversarial than a court
process. Here is some important information about when and why a family
mediator might be required and how to choose the right kind of mediator.
Why
Family Mediation Might be More Beneficial than Litigation
Traditional litigation can be expensive,
stressful, time-consuming, and adversarial. Family mediation is designed to
lessen all of those burdens. In fact, more people are likely to comply with
mediated agreements than they are with litigated agreements.
How
a Family Mediator Can Help
Family mediators can help individuals
and families develop voluntary agreements and resolutions for a variety of
domestic issues. For example, a family mediator might be required for
post-divorce or child custody conflicts. Many family mediators can help
families create voluntary agreements regarding child support, custody, parental
rights and responsibilities, and visitation. Family mediators can also help
people resolve conflicts about division of assets and debts, spousal support,
and other post-divorce issues.
How
to Determine if You Need a Family Mediator
Even in the midst of conflict, everyone
involved must be ready for mediation and committed to the process; all parties
must be prepared to trust each other and the mediator. On average, full cases
can take between four and twelve hours to mediate, but more complicated issues
or conflicts within the mediation process itself may require more time, and
single or limited issues may take less time.
What
a Family Mediator Can Do
At a time that works for all parties,
the mediator allows each person to explain their side of the story. The
mediator will limit interruptions and foul or disrespectful language. Then, the
mediator will work with both parties as they discuss different ways to resolve
the conflict. Once the parties reach an agreement, it is usually placed in
writing and signed by all parties that are present.
What
a Family Mediator Cannot Do
Family mediators are not judges. They do
not decide who is right and who is wrong. They also do not make or impose
decisions on people. Instead, family mediators help people develop and
negotiate their own resolution to the conflict.
Family mediators can only assist in
cases when all parties can participate consciously in the proceedings. In cases
of psychological disorders, limited intellectual capacities, ongoing substance
abuse, or other situations that affect rational decision-making, the mediator
may be unable to help because all parties need to be able to participate fully
in the process. Additionally, a family mediator cannot help in some cases of
ongoing domestic violence that might interfere with the parties' full and fair
participation in the mediation processes.
How
to Choose a Family Mediator
Family mediators come from many
different professional backgrounds. They can be attorneys, counselors,
psychologists, social workers, members of the clergy, or accountants.
Regardless of their professional backgrounds, however, all family mediators
receive specialized training thought their state or county. If a lawyer is used
as a family mediator, that lawyer cannot have represented either of the parties
in the past. Many state and county governments provide lists of certified
family mediators; check with your state or county's website for information.
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About the author:
This
article was contributed by Sandy Wallace, aspiring lawyer and volunteer
counseler. If you are looking for a Plato family lawyer,
serving a number of cities in Texas, Sandy recommends the Hammerle Finley Law
Firm.
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