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What is Mediation in Family Law?

February 16, 2023

February 16, 2023

Mediation is a legal alternative dispute resolution involving two or more parties seeking assistance from a neutral third person, known as a mediator, to resolve the conflict peacefully with honest communication and negotiation. This kind of conflict resolution is perfect in family law as helps family members avoid court trials and proceedings, putting much less stress on the relationship between the disputing individuals.  

Types of family disputes

There are several kinds of family problems that can be resolved by a third-party intervention, like mediation, to come up with practical solutions that are fit and beneficial for both parties. Let’s look at what type of issues occur in a family that can be settled by mediation.

Separation or divorce

Maybe you and your spouse want to separate or divorce due to financial issues, child-related problems, work stress, etc. The process of mediation can help the couple navigate through this tough time and determine if separation or divorce is the correct answer to solve their problems.

Post-divorce issues

Once a divorce is finalized, a few matters can still be left to discuss. Financial issues, parenting arrangements and child custody can be addressed during mediation to draw fair and just solutions for both parties involved.

Parenting

Many times, parenting can cause significant disputes within the family. Parents disagree on how their kids should be raised or who should be taking care of them. Mediation will ensure the child’s needs are met and that both parents have equal responsibilities regarding child care.

Elderly care

Sometimes, siblings argue about who will look after their senior parents or older family members. If only one person is responsible for the elder, they might be stressed with all the responsibilities. This could lead to conflict in the family.

Inheritance

If you do not have a legally written will stating how your assets and estates must be divided among your family after you have passed away, it could cause a significant dispute within the family. Your siblings or children could argue about who deserves what and how much of your property. Mediation can guide your family through the inheritance and division of property, so everyone gains some benefit without complicating family relations.

Role of a lawyer in family mediation

Attorneys are experts in the subject of family law and acquire clever negotiation skills during their practice. They also are well-versed in law procedures. Hence, it would be best to hire an attorney to proceed with the mediation process. Besides their skills and knowledge, here is how a lawyer would be beneficial for you.

  • The parties involved often need to be made aware of how the mediation process works, and a lawyer can guide them through it.
  • During the legal process, the mediator may suggest a few different solutions; your lawyer will help you decide which would work best for you.
  • If any part of the mediation is unclear to you, you can ask your lawyer to explain it to you and clarify any other doubts you may have, preventing misunderstandings.
  • They will draft the required documents for your mediation process.

Hire a lawyer from JHLegalHelper to represent you during your mediation. We have the skills for negotiation and are well-versed in legal regulations, ensuring you gain maximum benefit from the legal procedure. To know more about our services, contact us today.