Among the many ADR methods, family mediation stands out (ADR). One alternative to taking legal action to resolve a dispute is mediation. The law may require it at times. Child custody, child support, and visitation agreements are the primary focus of court-ordered family mediation.
Divorce settlements, including those involving child custody, alimony, and property division, can also be mediated by the court to save time and money.
Privately, families may also look for mediation services. Prenuptial agreements, conflicts between parents and teenagers, conflicts between adults, and estate planning are just some of the family matters that can benefit from this alternative to court mediation. There are many upsides to participating in mediation, whether it is a court-ordered process or one you initiate on your own.
As opposed to going to court, family mediation can save you time and money.
- It can settle disputes that courts can't hear
- The process moves along much more quickly than conventional litigation.
What is the Process of Mediation?
A mediator acts as the impartial observer of a meeting. When a judge orders mediation to resolve a dispute, the mediator must be approved by the courts. A trained mediator can be a lawyer, CPA, psychologist, or any other professional with impeccable ethics. The average length of time for a mediation session is between two and three hours. Although many legal disputes can be resolved in a single session, others, like divorce settlements, often require multiple meetings to reach an agreement.
At the mediation session, there will be the mediator, the two disputing parties, and the mediator. If you're going through mediation and you have a lawyer on retainer, they'll probably come with you. The mediator's role is to facilitate discussion and compromise between the disputants.
A mediator's role is limited to facilitating discussion and reaching a mutually acceptable compromise between the disputing parties.
When both parties have reached an agreement, the mediator will have them both sign a written document outlining the terms of the settlement. If the mediation was ordered by the court, the parties will submit their agreement to the judge for final approval before filing it. Even if you use private mediation, the resulting agreement will have the same legal weight as a traditional contract. You have the right to sue the party responsible for the breach of contract.
Since agreements reached in mediation are legally binding, it is important to give serious thought to how they will affect you in the future. If possible, you should have a family law attorney review the agreement before it is finalized by the mediator. If an attorney needs time to review a mediation agreement, the mediator will usually hold it for two weeks of business hours.
One drawback of mediation is that it can only work if both parties are willing to take part in it. Since the mediator does not make decisions on behalf of the parties, they must collaborate to reach a mutual understanding. However, this drawback can also be seen as a positive aspect of mediation. Instead of having your life dictated to you, you have a voice in the decisions that are made.