Family Mediation

Family mediation is a procedure whereby the neutral presence and participation of a third party helps bring conflicting family members to a mutual agreement or settlement. It is vital that a family mediator is trained in conflict resolution as well as in working with difficult and demanding situations. The ability to work with the emotional and relationship aspects of a case goes hand in hand with the relevant topical issues of the situation.

The main aim as a neutral body, the family mediator, rather than giving legal advice, is there simply to guide the parties involved through various possible solutions to the dispute by way of a problem solving process. Family mediation can offer or suggest alternative solutions to a conflict or dispute within the family circle, thereby enabling the parties involved to find an approach to the resolution of the matter in a way that best suits them as an individual.

On the legal front it is usual for court hearings of specific cases to occur in the public arena, whereas whatever happens or is said during a family mediation process remains strictly confidential. So much so, the third party mediator will destroy all notes made once an agreement or settlement has been arrived at. Confidentiality is considered of such importance that in the majority of cases the legal system cannot force mediators to testify in court regarding the content or development of a mediation. The only exceptions to this would be if the case involved child abuse or criminal acts either actual or threatened. Clients can be given information about the law by a mediator; however, the neutral party cannot give legal advice to anyone as to what to actually do in any given circumstance. Often a less expensive avenue to follow for resolution of a dispute, family meditation is often chosen over that of standard legal channels. Whilst a case filed in court can take months or even years to come to a definite or earnest conclusion, the mediation process takes far less time with resolutions sometimes achieved in a matter of just a few hours. Although a mediator’s fees can in some instances be comparable to that of a solicitor, the fact that family mediation takes far less time to reach accordance or agreement means that less money is spent on hourly costs and fees.

Trained primarily to work with people whose relationships have broken down, family mediators come from a wide range of backgrounds including the legal profession, healthcare, and especially those occupations that deal specifically with children and families. Parents and children undergoing family change and disruption can benefit enormously by way of family mediation, especially so where this has happened as a result of divorce, separation or family restructuring. Families in conflict or dispute can be persuaded to communicate more effectually with each other as well as consider those options that will help them work through their particular differences. Mediation within the family helps parents make their own arrangements and plans for the future, this being particularly important when children are involved.