Family Mediation Explained: The Vital Role of the Mediator

Family Mediation Explained: The Vital Role of the Mediator

Marriage was believed to be the most critical commitment of both partners. But these days, marriage seems to be just a get-together party as the marriage is no longer sacred. The reason is due to the laws regulating marriages and divorces. Hence, marriage is no longer a lifetime commitment.

According to Herbert Jacob, When a woman marries, she loses her father’s surname and earns a new surname, which represents the husband’s identity. In addition, a wife should be free to live wherever their husband desires. In return, wives must look after the home and provide for their husbands’ demands. Furthermore, wives had no control over their husbands at the first property, even if they brought it into the marriage. To sort out such issues, individuals can seek family lawyer Waterloo for effective solutions.

What is a Family Mediator?

Family mediator is a word familiar to most people, especially couples who undergo relationship problems. Divorce attorneys serve as mediators to the husbands, ensuring that the wife receives a fair settlement and helping her throughout the divorce process. There are no distinct qualifications for a family mediator. Such a person can be a lawyer, Doctor, or anyone responsible for handling the matter in a relevant way.

Common techniques include the following for family mediators to manage disputes:

  • Open Mediation: This is the kind of mediation in which the mediation processes are admissible in court and can also be reported back to a superior authority within a given time frame.
  • Closed Mediation: Closed mediation is more common than open mediation and guarantees the confidentiality of the mediation process. Neither side will discuss such issues, relations, or offers or take them to court.

At the same time, family mediators do not have any authority to make such decisions. They only assist and facilitate the communication and resolution of problems. So, there is no authority to make any strong statement.

What Happens in a Mediation Session?

The mediation process is conducted individually following one of the parties’ callings for it, or where both parties are willing to mediate; such requests are made simultaneously. This will usually take place in a dedicated spot, a purposely engaged office or conference room, the audio phone, or through video-enabled technology. For instances where one party has called for a mediation, the other party will also be encouraged to attend.

This process involves parties present together and is usually planned for specific starting and ending periods. Meditation sessions are generally meant to take place in informal and comfortable surroundings to provide both parties with a neutral ground to discuss and negotiate issues.

The process may take a long time, depending on the issues. It can take up to an hour, a week, or months. Both sides will enter the mediation session with a mutual understanding of any communication subjects, and suitable preparation and consideration of possible positive conclusions will be provided.

Advantages of mediation in resolving family conflicts

There is a wide range of advantages to mediation in resolving family conflicts. Some of the major advantages are:

  • Lower costs: Mediation usually costs 20 to 50% of litigation expenses.
  • Helps emotionally: Mediation moves in a collaborative way and deals with problems. This does not necessarily mean that the goal is to reunite and mend fences since relationships have been strained, but rather, it looks into ways under which cordial relations can be maintained going forward.
  • Faster: Mediation takes, on average, three to six months. This works much faster, which can help skip numerous complicated steps involved in litigation.

Reference:

  1. https://latestlaws.com/articles/role-of-mediation-in-family-law-disputes-explained-187406
  2. https://lisagelman.com/mediation/the-role-of-the-mediator-in-family-mediation/
  3. https://stewartfamilylaw.com.au/what-is-a-mediator/
  4. https://mediatorselect.com/blog/articles/family-mediation/

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