Family mediation is a process in which a trained neutral professional helps family members in conflict reach their own solutions. It is used in divorce proceedings, custody disputes, inheritance conflicts, and other family disagreements.
When is Family Mediation Appropriate?
Family mediation is appropriate in many situations: divorcing couples who need to agree on asset division and parenting arrangements, separated parents with ongoing co-parenting conflicts, siblings in dispute about caring for elderly parents, heirs disagreeing about estate distribution, and extended family members in conflict about various issues.
The Benefits of Mediation Over Litigation
Family litigation is expensive, time-consuming, emotionally draining and public. It often makes relationships worse. Mediation is typically faster, cheaper, confidential, and gives the parties control over the outcome rather than leaving decisions to a judge.
When children are involved, mediation is particularly important. Research consistently shows that children do better when their parents reach cooperative agreements rather than fighting in court.
What to Expect in Family Mediation
A family mediation process typically begins with an intake meeting where the mediator meets separately with each party. This is followed by joint sessions where, with the mediator’s guidance, the parties work through the issues.
The mediator does not make decisions – their role is to facilitate communication, help identify common ground and creative solutions, and ensure that each party has a real voice in the process.
Legal Advice Alongside Mediation
While the mediator is neutral, each party should maintain access to their own attorney throughout the process. The attorney provides legal advice about rights and options, reviews any proposed agreements, and ensures that the client’s legal interests are protected.
When an Agreement is Reached
A mediated agreement is written up and, after review by each party’s attorney, signed by the parties. In certain contexts – particularly divorce proceedings – the agreement can be submitted to the court for approval as a judicial order.
