Mediation allows disputes can be resolved outside from the courts. Sometimes, it is a requirement of the courts. Hence, family mediation in court is concerned on issues involving families with children. These include agreements on children’s custody issues, support for the kids and visits. Court-appointed mediation can also be an option for settling the end of marriage/divorce agreements regarding child custody or alimony issues, as well as the division of property, without the expense and time of an actual trial in a court.
Families also request family mediation privately. It is a great option to address a range of family concerns that go beyond the scope of court mediation. This includes prenuptial agreements, disagreements between teenage children and parents as well as disagreements between adult siblings, as well estate plans. No matter if you are participating in court-appointed or private mediator, you can reap a variety of advantages:
- Family mediation is usually the least expensive method of settling disputes than the courtroom
- It may resolve issues that are beyond the reach of courts to resolve disputes
- It is more efficient than traditional litigation.
What does Mediation do?
The mediator supervises a session. In the case of court-ordered mediation the mediator should be registered in the court systems. This could be an attorney or a certified public account psychologist, psychologist or another person of good moral character, who has gone through mediation training. The typical mediation session lasts up to three hours. A majority of disputes can be resolved in one session, however certain disputes, like divorce settlements, need more than one session.
The at-odds parties as well as the mediator attend the meeting. If you’re participating in mediation and you have an attorney at your disposal, your attorney will likely also be attending in the meeting. The role of a mediator is to reach an arrangement between two sides.
Family Mediation Mediators Negotiate Agreement on Both Parties Agreed
If the two parties have reached the agreement, the agreement is recorded by the mediator, and then signed by the two parties. In the event that mediation takes place supervised by a court the agreement will then be presented to a judge to be considered for approval. It will then be filed before the court. If you choose to conduct a private mediation, it is nevertheless legally binding. Think of it as it’s a contract. If you violate the agreement, it is possible to bring the party at fault to the court.
Because mediation agreements are of the weight of law, it is important to think about how the agreement might affect you in the long term. Even if you don’t have an attorney present at the mediation You may wish to consult an attorney that specializes on family law examine the agreement prior to the mediator is able to finalize the agreement. A mediator is typically required to hold an agreement to mediation for two weeks in the event that it requires review with an attorney.
One of the drawbacks in mediation is the fact that all parties have to be willing to take part in the process for it to be effective. Since a mediator isn’t able to take decisions for the parties, the parties need to collaborate to come to an agreement. However, this disadvantage could be considered as one of the many benefits of mediation. Instead of having someone else dictate the decisions you make it is possible to take part in the making decisions that impact your life.
