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Family Mediation
In family mediation, the spouses
hire a neutral third party to assist them in resolving conflict and reaching
agreements. The mediation process redefines conflict as a family problem rather
than one person's problem. The emotions of divorce are managed so they do not
hinder the communication process. Better communication leads to better agreements.
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The mediator may or may not be a
lawyer but should be trained in dispute resolution techniques. The mediator does
not represent either party and cannot provide legal advice. The participants may
or may not be represented by attorneys.
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As with collaborative family law,
the goal of the mediator is to get the people to work together in a cooperative,
non-adversarial process with a mutual goal of reaching a fair settlement of all
issues. This process encourages creative problem solving, win-win negotiations,
and resolutions that meet the needs of all members of the family.
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What Does Mediation Look Like?
The participants meet together
with a neutral and objective professional who is trained to help parties solve
problems in a cooperative manner. Attorneys may be present if they are
representing the parties.
The mediator guides the communication
process so that everyone has a chance to be heard and contribute to the outcome.
The mediator helps participants define the issues and tone down the communication
process so a rational discussion can take place and the best possible agreements
can be reached. The mediator may offer suggestions and help parties develop options
to resolve the issues, but the final agreement is defined by the parties. Some issues
or all issues in a dispute may be resolved through mediation.
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Role of Both Spouses
Mediation is a joint, cooperative problem
solving process that only works if both spouses participate. Participants do not need to
feel friendly toward one another but must be willing to work together to find solutions
that will be fair and meet the needs of all family members.
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Do you need an attorney?
Mediation is NOT a substitute for independent
legal advice. Lawyers may still be necessary to help participants understand the law, make
informed agreements and write up the final agreement. The mediator's role is to facilitate
the communication necessary to reach agreement.
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Potential advantages of Family Mediation include:
When the parties are capable of fashioning
their own solutions, there is shown to be a higher rate of adherence to the solution than when
a solution is designed by a third party such as a judge.
Mediation can result in resolution of disputes
without destroying family relationships.
This can be quite valuable when there will
be a need to maintain a co-parenting relationship with the other party and/or when preserving
as positive a relationship as possible is important based on a party's values. .
The mediator may help the parties consider
creative options that meet their specific circumstances.
The parties maintain control and direct
involvement in the process, and are assured that neither party has to face the risk or fear
of an unknown, imposed decision.
Matters involved in the case are comparatively
much more private than when using litigation.
Family mediation allows parties to explore
creative solutions.
Mediation is likely a lower cost solution.
Mediators in private practice usually
charge by the hour and fees are typically shared by the parties. Mediation is often less
costly, both emotionally and financially, than litigation..
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Paw Paw & St Joseph Michigan ·
Phone: 269.612.7104 · Fax: 269.428.4789 ·
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Copyright © 2011 • Runkle Therapy | Family Therapist •
Genesis Web Design
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designer@genesiswebd.com
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