What is Family Mediation?

Family mediation is an essential global practice within the field of mediation. It is a process where a Family Mediator assists a couple in resolving their conflicts that arise from separation or divorce. The mediator is a trained and certified professional, equipped to manage such situations and facilitate the resolution of these particular disputes.

Family mediation is designed for couples, whether heterosexual or same-sex, who are either legally bound (through marriage or civil partnership) or living together and choose to end their relationship. The goal is to resolve any legal and property-related matters in a swift, respectful, and less emotionally taxing manner.

What Issues Does Family Mediation Address?

Family mediation tackles the changes that occur within the family structure due to separation or divorce. The primary concerns include addressing the needs of children and determining the arrangements for parental responsibilities. The process also covers financial matters and the division of shared assets. Through mediation, the couple identifies the issues at hand, sets priorities, proposes solutions, and ultimately reaches a legally binding agreement in accordance with the law. This is achieved with the help of the mediator and the lawyers involved.

Family mediation offers a more emotionally manageable alternative to courtroom battles for both the couple and their children. It is generally more cost-effective in the long run than prolonged legal disputes. The mediation process is confidential, and the resulting agreement is sustainable because it reflects the parties’ proposals and collaborative efforts. In certain cases, the child’s voice may also be included in the process (child inclusive mediation), provided both parents agree and the child consents, with complete confidentiality and safety.

In addition to the couple, family mediation can be beneficial to other members of an extended family, such as resolving disputes between parents and grandparents about their rights to communicate with grandchildren, or resolving conflicts among relatives within a family business.

It is important to note that family mediation is not the same as couples counseling.

How and Where Does Mediation Take Place? What is the Cost?

Mediation can be conducted at any stage of a dispute, whether before or during legal proceedings. It usually takes place in several sessions (meetings) that last 2 to 2.5 hours each, with breaks in between. On average, three to four sessions are required, though it is possible to resolve the dispute in a single day, depending on the circumstances.

Throughout the mediation process, the mediator works with the parties and their lawyers in both joint and separate meetings. A key aspect of the mediator’s role is to assess whether the case is suitable for mediation, particularly when there are concerns about domestic violence. If there is evidence of domestic violence, mediation cannot proceed.

Typically, mediation occurs in a neutral setting that is specifically designed for such discussions, though it can also take place via videoconference. The mediator’s fee is agreed upon with the parties involved, and it is usually shared between them.