Family mediation - Questions and answers

What is family mediation?

Family mediation is an alternative dispute resolution technique used to resolve problems experienced by family members. The mediation process allows both parties to maintain a confidential dialogue and reach an agreement between the disputants with the help of a mediator or a neutral person. The mediator, being impartial, cannot advise you on what you should or should not accept regarding possible solutions, but will work as a catalyst to clarify the legal issues that keep the lines of communication open.

What kinds of problems can mediation cover?

Family mediation may involve post-separation or divorce disputes, such as child custody or property disputes, as well as issues such as elder mediation related to dealing with elderly family members. Other family disputes that may benefit from mediation include land and financial disputes. Additional issues include pet allocation, addressing the well-being of sick family members, as well as visitation rights if a parent finds themselves in unacceptable living arrangements after divorce.

How long does mediation usually take?

As a general rule, mediations will take no more than three hours, however this depends on the mediator's judgment and how they feel the proceedings are progressing. If there seems to be a resolution around the corner, they will continue until it is achieved. However, if there seem to be a lot more issues to deal with, then additional sessions can be scheduled. Many mediations conclude in three to six hours. At this point, if there is no agreement, the mediator may conclude that other techniques may need to be implemented or that the case requires more formal attention.

How confidential is the process?

While most of what is said during the Mediation process is carried out with the strictest confidentiality, it is important to note that financial information can be made public if the case is brought to court. Information disclosed during the mediation process cannot be used in court unless both parties involved have agreed to it. During the mediation process, either party may convene a caucus or private sessions between one of the parties and the mediator. Information disclosed during this caucus is completely confidential and cannot be used in mediation unless permission is granted.

If an agreement is reached, how is it applied?

In the event that both parties reach an agreement that is mutually satisfactory, a summary will be drafted and submitted to an attorney. The attorney will then compile an agreement based on the summary that is legally binding and request that both parties sign the agreement. The initial summary drawn up by the mediator is not a legally binding contract, but a contract in good faith. It is only legalized once a legal representative makes it a binding contract.

Are the mediators legal representatives?

Although it is becoming common for mediators to have a legal background and for many to have a very good understanding of the legal process, some people feel that the nature of mediation is very different from the confrontational nature of court proceedings and prefer to work with mediators who are not qualified attorneys, but rather paralegals who have been trained in mediation and have excellent knowledge of the legal system.