Hampshire collaborative law

Alternative

Dispute Resolution -

Family Mediation

Family Mediation is a form of Alternative Dispute Resolution (ADR). Mediation is a way that disputes can be settled outside of the courtroom. Sometimes it is ordered by the court system. Court-appointed family mediation deals primarily with issues regarding families with children: agreements about child custody, child support, and visitation.

 

Court-appointed mediation is also a way for settling end of marriage/ divorce agreements - child custody issues, alimony, and distribution of property - without the time and expense of a court trial. Wiltshire family mediation can also be sought out by families privately. It can be used for a variety of family issues beyond those of court mediation, including prenuptial agreements, disputes between parents and teenage children, disputes between adult siblings, and estate planning. Regardless of if you are engaging in court-appointed or private mediation, there are many benefits.

 

How does Mediation Work?

A session is overseen by a mediator. For court ordered Salisbury family mediation, the mediator must be registered with the court systems. It can be an attorney, a certified public account, psychologist, or other professional of upstanding moral character who has undergone mediation training. A mediation session usually lasts one to three hours. Many disputes can be settled in one session, but some disputes, such as divorce settlements, require more than one session.

 

The two at-odd parties and the mediator are present at the mediation session. If you are participating in mediation and have a personal attorney, your attorney will also likely attend the mediation session. The job of the mediator is to negotiate an agreement between the two parties. When an agreement is reached between the two parties, it will be written down by the mediator and signed by both parties. If the mediation is court-appointed, the agreement will be sent to a judge for court approval where it will then be filed with the court. If you engage in private mediation, the agreement is still a legally binding agreement-think of it as a contract. If the contract is breached, you are able to take the at-fault party to court.

 

Since mediation agreements carry such gravity, you should consider how the agreement will affect you over the long run-even if you don't have an attorney attend the mediation session, you may want to have an attorney who specializes in family Northampton collaborative law review the agreement before the mediator finalizes the paperwork. A mediator will usually hold a mediation agreement for two business weeks if it needs to be reviewed by an attorney.

 

A downfall of mediation is that both parties must be willing to participate in the mediation for it to be successful. Because a mediator doesn't make decisions for the involved parties, the parties must work together to reach a shared agreement. This downfall though can also be seen as one of the benefits of mediation through Hampshire collaborative law. Instead of other people dictating decisions for you, you are able to participate in decisions that will affect your life. If you think that mediation might be a useful tool in your family situation, you should contact an attorney who specializes in family mediation. You can also contact your personal attorney to see if a mediation session would be the best option for your situation.

 

A session is overseen by a mediator. For court ordered Salisbury family mediation, the mediator must be registered with the court systems. Because a mediator doesn't make decisions for the involved parties, the parties must work together to reach a shared agreement. This downfall though can also be seen as one of the benefits of mediation through Hampshire collaborative law.