Preparing for Family Mediation

What is Family Mediation?

Family mediation is a form of alternative dispute resolution involving a neutral third party who is appointed to intercede between two conflicting parties. The goal of mediation is for the parties to resolve their differences in a non-confrontational manner in order to reach a mutual agreement. This is especially important in situations where preserving family relations is a priority.   

Mediation may be utilized in various family law disputes such as divorce, child custody and support arrangements, property disputes, and will contests. The mediator is usually a lawyer or a counselor who specializes in family law. It is a viable alternative to litigation as it saves time and money. Mediation is usually not mandatory, and agreements formed as a result of family mediation are not legally binding on the parties.  

What can I do to prepare for mediation meetings?

Family mediation sessions can last anywhere from less than one day to several weeks, depending on the nature of the conflict.  It is in everyone’s best interest to come to the meetings well-prepared and open to communicating with the other parties. 

Perhaps the most important step in preparing for mediation involves adjusting one’s attitude towards the process. Understandably, the parties are already involved in a form of dispute, but participants should understand that mediation is meant to be a non-hostile starting point for negotiations and mutual progress. 

It is important to listen to the input of the other party, as this may help you obtain a better outcome than proceeding in an argumentative fashion. Some other areas of preparation include:

Finally, while it is not required, it is highly recommended that both parties obtain legal representation before entering into the mediation discussions. A lawyer can help you prepare your case as well as anticipate the responses of other persons. You should not sign any contracts or agreements unless you are represented by a lawyer. 

At the end of the family mediation process, ideally the parties should have reached some sort of agreement regarding the dispute, such as setting the amount of child support due each month or dividing up child visitation times. Such agreements are not legally binding on the parties unless they are processed with all the formal requirements of a legal contract. Alternatively, they can request the court to formalize the agreement in a court order.

If a mediation agreement is violated, the parties may wish to take additional steps such as re-entering mediation. Alternatively, they may wish to hire an arbitrator to settle the dispute. If the agreement has been formalized in a contract or court order, a violation may be grounds for a lawsuit or other court proceeding.  

Do I need a lawyer for mediation?

Mediation can be a useful tool in resolving conflicts with another family member. Family law disputes can often involve important matters such as child custody issues or property matters. For this reason, it is important that you contact a family lawyer early on in the process so that they will be able to assist you throughout all the steps. An experienced attorney can help you obtain meet your objectives while minimizing further conflicts with other participants.     

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