Does Family Mediation Actually Work?

Family disputes can be challenging. A family dispute, be it divorce, timesharing, or support disagreements, can leave all the involved parties emotionally drained and overwhelmed. People often assume that going to court is the only way to resolve family law issues. However, the truth is that not every family law issue has to be resolved through a trial. Mediation, an alternative dispute resolution (ADR) method, offers a less adversarial and often more cost-effective way for resolving family law issues. But does family mediation actually work? Simply put, yes. This ADR method works for many families, but whether or not it works depends on some key factors. Read on to learn more!

Understanding Family Mediation

Family mediation is a structured, interactive process where an impartial third party (a mediator) helps the disputing parties work out an agreement. These can be decisions about property division, spousal support, child support, timesharing, and more. The mediator uses their training and skills to help the parties communicate and negotiate. They neither provide legal advice to either party nor make decisions, giving you more control over the outcome and your future.

When Is Mediation Appropriate?

Family mediation works. However, for the mediation process to function effectively and succeed, the case must be appropriate for mediation. So, when is a case appropriate for mediation? Below are some situations where family mediation may be appropriate;

Both parties are willing to communicate and negotiate: For family mediation to work, you and the other party must be willing to engage in honest, collaborative discussions. If, for example, you are going through a divorce and your spouse refuses to participate or continuously shuts down discussions, mediation cannot work.
There isn’t a severe power imbalance: Each party should have a roughly equal say. If one party exerts undue influence over the other, it undermines the fairness of the process.
There is a focus on the child’s best interests: If parents in a child-related dispute can prioritize their child’s well-being, they can easily find common ground.
When maintaining the relationship is important: When the disputing parties wish to preserve an ongoing relationship, such as co-parenting, mediation is likely to succeed because of a collaborative mindset and reduced hostility.

When Is Mediation Not Appropriate?

While mediation can be highly effective, there are various situations where it might not work, including the following;

There is a history of domestic violence: In such cases, mediation may be unsafe or unfair, necessitating going to court.
There is a severe power imbalance: If one party has overwhelming control over the other, mediation may not ensure a fair outcome, as the disadvantaged party may agree because of pressure.
One party refuses to negotiate in good faith: A party may use mediation as a stalling tactic. They may come to sessions unprepared, hide information, or openly dismiss proposals. The court might step in and require a trial in such a case.
Extremely complex issues: Cases that involve complex legal or financial matters may require court intervention.

Contact a Mediation Lawyer

If you are facing a family law issue and are unsure whether mediation is appropriate for your case, contact our skilled mediation lawyer, Darla K. Snead, P.L., to schedule a consultation.

Source:

law.cornell.edu/wex/alternative_dispute_resolution