When might a family mediator be beneficial?
Family mediators can be beneficial in a number of unique and dynamic situations causing conflict in families or preventing them from moving forward in a healthy way. Family mediators often assist families in resolving disputes about separation or divorce, marriage, parenting agreements, property division, child support and alimony, care of an elderly family member, inheritances, and more.
How does it work?
Mediators help each party express their interests and goals as well as listen to the other party, and then begin the process of working toward a solution in a calm and effective way. After issues are identified, the mediator separates them out and addresses a single issue at a time, presenting possible solutions that satisfy everyone that the parties may not have considered previously. Once they’ve agreed on each issue, an agreement is drafted, reviewed, and signed by both parties.
Does mediation work when one party or both parties are irrational?
Mediation is designed for circumstances just like this and is often successful even in these situations. One way that mediators help an unmoving party give a little is by offering collateral in return. Each partner who chooses to keep what is most important to them must also bend to give the other something in exchange.
Do families using mediators still need attorneys?
Mediators can save all parties a significant amount of money by limiting the number of hours their attorneys spend on mediation. However, with legal matters most parties retain an attorney for advice before mediation and review of the agreement before signing following mediation.
How do mediators save money?
Mediators save parties money in two primary ways:
- They charge less per hour than attorneys
- Only one mediator is required and the cost is shared by the whole group, whereas each member would have to pay their own attorney the hourly fee for the same mediation session
This can make the savings substantial for everyone involved.
Does mediation ever fail to resolve the issues?
Yes. Both parties must actively participate in the process for mediation to be successful. If one party’s goal is to punish the other party rather than resolve their difference and do what’s in the best interest of the entire family, mediation will likely not produce compromise and closure.
What are the benefits of mediation?
There are multiple benefits associated with using a family mediator, including:
- Those affected by the decisions are making the decisions
- Less expensive than fighting it out in court
- Less stressful and conflict-ridden and may result in a better understanding of one another and more successful long-term agreement
- Faster than litigation
