Breaking up is hard to do, but when you have the support of mediation professionals, it makes the process better for everyone involved.
While there are some cases in which the courts will make the best option, mediation and support are the correct solutions for many families. Family law mediation has many benefits for breaking up amicably and positively.
What is Family Law Mediation?
Mediation is a term used to reference a neutral party who will facilitate conversation and resolution of disputes. Often disputes with finances and child custody can be handled more positively and beneficially when professional mediation is utilized.
The disputes are often between two people; however, they can extend outside the immediate family.
Going to court can be a long, complicated and emotional process. It is highly recommended by the family law system that separated families reach agreements without requiring children (and other family members) to go to court.
How Does Family Law Mediation Work?
A trained professional with experience in helping families find the best outcome will handle your situation and support you through the procedure. The mediator you hire or assign will begin by looking for the common goals of the people currently in dispute.
While many ex-spouses are okay with being in a room together, there can be arrangements to speak to all parties separately for those who aren’t.
Ideally, only one or two sessions will be required, but most situations have a range of factors that might mean you need more than one session to reach an agreement.
Once all items that need to be agreed on reach their conclusion and all parties are happy with the agreement, a binding settlement agreement will be created.
Where there are agreements that may impact the children’s rights, these may be subject to a judicial review.
What are the Benefits of Family Law Mediation?
The breakdown of a marriage and a family unit is a challenging time wrought with emotion, disagreements, and upset. Mediation can offer some of the most practical and gentle conversations to achieve the best outcome for everyone.
Family law mediators can handle divorces, spousal support, child support, decision-making for minors, division of assets, and more. Helping all parties reach the best solution for them.
Family law mediation comes with many benefits for all involved.
Flexibility
One of the most significant benefits to many families is that family law mediation can be as flexible as needed. Unlike family law courts, you will be able to book your appointments, reschedule if you need to, and often reach a faster conclusion.
Case litigation will typically consist of one or more scheduling conferences. A scheduling conference allows the court to start tracking the case and understand how complex the proceedings might be. During this period, the parties might be offered or requested to attempt an alternative form of dispute resolution. This can help to settle the case before it gets to trial.
You can book family law mediation sessions around work, school, and other obligations, which means that the process feels less rigid and is catered to the family involved. There is also flexibility in how the conversations and communications are handled.
Cost
Divorce costs can stack up quickly, and the more complicated it gets, the longer and more complex the proceedings. Litigation is known for being a costly endeavor. Considering the associated costs, like court and filing fees, paper copy costs, private investigation fees, expert witnesses and testimonials, and lawyer fees, it’s not a surprise that divorce is expensive.
Family law mediation offers a more cost-effective way to achieve better results. Only one mediator will be engaged with both parties, which is a significant difference between two legal teams and two separate lawyers.
When fewer professional bodies are handling the case, it becomes more affordable.
Privacy
Going to court often has the unwanted effect of making the private details of a relationship public and the subject of discussion. When family issues are handled through a family law mediator, these matters are kept confidential.
Since the process is entirely confidential, both parties can be open and honest about the issues and what they see as the best resolution. That honesty can make the proceedings swifter and more beneficial for everyone involved.
Speed
As mentioned above, divorce proceedings can be lengthy and complicated. Factors outside your control often dictate the speed of the process, and the court will give you dates you must adhere to.
With family law mediation, you can set a pace that works for you, which means that you can have fewer sessions, sessions closer together, and more control over the process.
The mediator will handle the process and ensure that progress is made at a healthy and positive pace so that the mediation doesn’t become lengthy or unproductive.
Communication
If the parties involved have a semi-healthy relationship, it is often easy for them to communicate positively with a mediator. One of the critical goals of meditation is facilitating communication that benefits all parties and keeps the process moving forward.
Communication is vital when the parties will be co-parenting or making joint decisions for their children’s future.
Mediators are professional bodies that can make suggestions and encourage the best resolution for all parties, and ensure that the lines of communication remain open, honest, and healthy.
Agreements That Work
In a court of law, there are often ‘winners’ and ‘losers,’ meaning that one of the parties involved in the case might not get the outcome they had hoped for. These circumstances include custody, co-parenting structures, financial implications, and other lifestyle changes.
Working with a family law mediator means that the goal is to create an agreement that works for the family and all parties involved. Working with a mediator suggests that the family can build a unique and sustainable solution for them.
Family law mediation is one of the healthiest ways to resolve many disputes.
Contact us today to learn more about how our online coaching and mediation services can help you during and post-divorce.
