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The use of mediation in family law disputes

Posted 16 Oct 2023

Mediation is a voluntary process in which a neutral third party, the mediator, helps two or more people communicate and negotiate to reach a mutually agreeable resolution of a dispute. Mediation is often used to resolve family law disputes, such as divorce and child custody, but it can also be used to resolve other types of disputes, such as business disputes and employment disputes.

There are many benefits to using mediation in family law disputes, including:

  • Confidentiality: Mediation is a confidential process, which means that the parties can discuss their dispute freely without having to worry about their personal information being made public.
  • Control: The parties have control over the mediation process, including the agenda, the pace, and the outcome.
  • Communication: Mediation can help the parties communicate more effectively with each other, which can be helpful in resolving their dispute and building a better relationship for the future.
  • Cost: Mediation is generally less expensive than litigation, and it can be more efficient in resolving disputes.
  • Flexibility: Mediation can be tailored to the specific needs of the parties and the dispute.

Mediation is not appropriate for all family law disputes. For example, mediation may not be appropriate if there is a history of domestic violence or if one of the parties is not able to participate voluntarily in the mediation process. However, for many family law disputes, mediation can be a very effective way to resolve the dispute and protect the interests of the parties and their children.

Here are some tips for using mediation in family law disputes:

  • Choose a mediator who is experienced in family law mediation.
  • Be prepared to discuss all aspects of your dispute with the mediator, including your financial situation, your parenting goals, and your concerns about the future.
  • Be willing to compromise. Mediation is about finding a solution that works for both parties, so it is important to be willing to compromise on some issues.
  • Keep your children’s best interests in mind. When making decisions in mediation, it is important to keep your children’s best interests at the forefront of your mind.

If you are considering using mediation to resolve your family law dispute, be sure to talk to your lawyer to learn more about the mediation process and to discuss whether or not mediation is right for you.

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Alexandra Kieffer

Alexandra Kieffer is a certified mediator with a background of peace and conflict studies and responsible for international networks and training and happy to answer all your questions.

Seylendra Steiner

Seylendra Steiner holds a Bachelor's degree in Business, Economics, and International Relations. She is currently pursuing an M.A. in Development Studies with a focus on conflicts. At IMC, she is responsible for the coordination and management of courses.