If you’re looking to settle family disputes without going to court, we advise you to look into family mediation. Besides the fact that court cases are expensive, they are also time-consuming and draining—both mentally and physically.
A better alternative to settling disputes in your family is mediation. It is a process where a third party helps you resolve family disputes. The third party is called a mediator and has to be professionally trained and independent.
The mediator also has to be a good listener. They should be able to find common ground and have to be completely understanding. All these qualities lead to an effective conflict resolution process.
Types of family mediation:
There are four types, namely:
- Sole mediation: Here, only one mediator works with both parties to solve the dispute. The mediator works alone from start to finish.
- Co-mediation: This involves two or more mediators. Usually, more than two parties are involved in a dispute, or there is more than one issue to solve. Different levels of expertise are required here. It is helpful if there is a conflict between you and more than one party.
- Shuttle mediation: It is used in cases where you don’t want face-to-face communication with the other party. Here, the mediator shuttles between different rooms. You each remain in separate rooms, and the mediator has to move to the rooms.
- Hybrid mediation: Here, the mediator has separate meetings between the parties involved as individuals. It is suitable for high-conflict cases as the process is done in a legally supported environment. The process is supported by lawyers throughout.
Processes involved in family mediation:
Next, we look at the processes involved in settling family disputes by means of mediators.
- First contact: The conflicting parties meet with the mediator, and an introduction takes place. This is an important part of any mediation process as it helps build rapport. Your mediator also gives you a statement, which includes the role of both parties in the process and the ground rules.
Your mediator also answers all the questions you might have about the process and tells you the aim of the process. Your mediator also discloses any information that will influence the process.
- Statement of the problem: Your mediator allows the involved parties to talk about the conflict. The parties summarize their positions in the conflict. You are also allowed to say what you think the problem is. This stage provides clarity on the dispute.
- Mediation sessions: In this stage, the main process begins. Your mediator tells you the goals of the process. The process begins with individual sessions, so each party can freely express their perspective in the absence of the other.
After the individual sessions, the process can progress to joint sessions. The parties confirm the ground rules and goals of the process.
- Final agreement: If an agreement is reached after the sessions, it is documented by the family mediator. Each party takes a written copy of this agreement to their lawyers for independent legal advice.
Benefits of family mediation:
- It is efficient. Disputes can be settled within a few sessions.
- It doesn’t require you to go to court. This helps you save money and time.
- It is a confidential process. All information obtained during the process stays confidential.
- You have more say in the rules and outcomes of the process. This is unlike court proceedings, where you don’t have much say.
- It is much cheaper to settle family disputes through mediators than in court.
Conclusion:
Family mediation is a cost-effective way of settling disputes. You also don’t have to burn any built bridges, as the process allows for transparency between the involved parties. We hope we have convinced you to try out conflict resolution by family mediators.