Family Law Mediation

A mediator is a neutral party who will not advocate for a single side of the conflict. While mediators are impartial like a judge, they do not act as a “stand in” for one. Dictating the outcome is not part of the role of a mediator. 

The power to agree or disagree lays solely with the parties in dispute.Instead, a mediator’s role is to assist the parites and remove obstacles on the journey to resolution.

Specifically, the mediator will try to define the concerns of each party in an effort to promote communication and understanding, while searching for common ground to use as a basis for an agreeable solution.

Finally, the mediator will ensure that both sides have an equal opportunity to express their concerns so that the negotiation does not become too one-sided.

Family mediation is a structured conflict resolution process where a mediator helps two disputing parties find an agreeable solution. It is a faster, less expensive, and less stressful process than litigation.

Family mediation goes far beyond settlement and focuses on the relationship, values, interests, emotions, and needs. More importantly, it focuses on these for the family members directly involved in the sessions and members of the family who are impacted but may not be directly involved, such as children and new partners.

While it is a beneficial step for the vast majority of people, mediation may not be right for you if you are experiencing violence, or a time-sensitive legal issue, or if one party lacks the capacity to advocate for themselves.

However, even if these issues apply to your case or if you have already started litigation, it is never really too late to benefit from a mediated discussion. You may just have to attend to another matter first or pause the litigation process, but it is still possible to take part.

 There are several styles of mediation. You and your family may find that you respond to one style better than others or that a specific style fits more with your overall goals.

Taking time to understand your options, for mediation styles can help you develop clearer expectations for your mediator and the process as a whole.

• Facilitative mediation – the resolution is based on collecting information and finding understanding. A facilitative mediator attempts to ask good questions, validate the perspectives of each party, and normalize the points made. However, they do not offer opinions. You can expect to have mostly joint sessions.

• Evaluative mediation – this type of mediation is less focused on history and more focused on evaluating each case. An evaluative mediator will point out the strengths and weaknesses of each case with an emphasis on legal rights. They also describe how a judge or jury will react to the points of your case. You can expect to have mostly individual sessions.

Transformative mediation – this type of mediation is focused on transforming the relationship by empowering each party as much as possible. A transformative mediator will try to recognize and emphasize each party’s needs, interests, values, and point of view. You can expect to have mostly joint sessions so that you and the other party can use the tool of recognition to help mend your relationship.