Family mediation can be defined as a process of settling dispute going on between members of the same family. Such mediation is normally facilitated by a neutral third party referred to as a mediator.
Separated families who are in conflict are normally persuaded to make use of family mediation for the settlement of disputes pertaining to children instead of dragging themselves to a family law court.
What Makes Mediation a Better Option?
There are many reasons why it is better to resolve family disputes through family mediation instead of rushing to the family law court.
Resolving matters through mediation is far quicker. When a matter reaches the court, you have to follow the normal court procedure. Court processes can drag on for quite a long time. In family mediation, you maintain control. But in family court, the judge takes the final decision.
Mediation holds in a home environment, out of the public glare. You don’t have such an atmosphere in the court because the court is a public place.
What Is the Procedure for Such Mediation?
The steps involved in family mediation are discussed beneath:
- Preparation – before the commencement of mediation, you can hold a meeting with the mediator. During that time, the mediator will explain the details of the mediation process. The mediator will also provide answers to whatever questions you may ask
- Introduction – the mediation starts with a general introduction
- Statement of the problem – at this juncture, the crux of the matter is raised. The two parties are allowed to make clear their grievances freely
- Joint discussion – Joint discussions would then be made on the issues raised
- Private discussion – where necessary, the mediator may permit private discussions before the final negotiation
- Negotiation – this is where the mediator will make both parties see reasons so that matters may be resolved amicably
- Agreement – Once the conflicting parties are able to resolve, the matter comes to a peaceful agreement
Tips For Successful Mediation
Most disputes between separated families usually center on child care and custody. Find below tips on how to make the mediation successful:
- Focus – your focus should be on the best interest of your child
- Listen – listen to both the mediator and the opinion of the other parent
- Rest – sleep well the night before
- Personal conflicts, if any, between you and the other parent should be set aside
- Show courtesy, stay calm, and be professional
- Remain on the topic of discussion. Leave other issues behind
The Difficult Aspect of Mediation
When it comes to family mediation, the aspect that is considered to be most difficult is for the mediator to be able to convince the conflicting parties that issues can be resolved between them through mediation.
People tend to be personal in family disputes matters get escalated and result in court cases.
Principle Of Mediation
The mediator must be impartial and a skillful negotiator. The five principles used by the experienced mediator in family mediation are discussed beneath:
The mediator will:
- Not be judgmental
- Listen attentively
- Take impartial actions
- Make both parties see reason, encourage changes in their perspectives
- Seek out the underlining needs plus the interests
The Nutshell
Family mediation can be described as a process of settling disputes going on between members of the same family.
Instead of heading to court, family mediation should be taken as a better option as it is less stressful and saves time and money. A special procedure is normally followed in such mediation. There are tips that, when followed, can make the mediation successful.
In spite of the difficult aspect of mediation, an experienced mediator will follow the five major principles to make family mediation successful.