IN WHAT WAYS DO MEDIATORS HELP FAMILIES IN CONFLICT?
While many people have heard of or experienced Small Claims Court mediation for limited dollar amount disputes or Family Court mediation for child custody and visitation, few have experience with the wide range of situations in which mediators work with families.
Let me just list some by category:
Cohabitation Agreements: Assisting unmarried individuals agree on their individual rights and responsibilities such as household responsibilities and expenses
Pre-nuptial and Post-nuptial Agreements: Agreements as to assets, liabilities and financial support in the event a marriage ends in divorce
Marital Mediation: Mediation with couples attempting to save a marriage from divorce in practical and in the short-term but does not deal with therapeutic analysis as would marital counseling.
Same-sex Couples: Assisting same-sex couples develop agreements as to entering into or dissolving a relationship
Family Business: Family-owned businesses can experience conflicts that are not only business-related but personal as well. Mediation assists family members to deal with issues of goals, structure, control, finance, succession, and selling the business.
Divorce Mediation: Divorcing couples who wish to maintain some sort of relationship benefit from mediation over the issues in their divorce.
Estate Planning: Estate planning can assist families dealing with elderly or terminally ill family members to plan for care and estate issues.
Probate Mediation: Conflicts can arise during probate that can involve family, friends, caretakers and possibly charitable organizations.
Elder Mediation: Families may experience conflicts over issues of the care of an elderly family member.
Please note that family mediation is no psychotherapy, marital counseling or legal representation. Mediators who deal with family issues assist family members discuss difficult issues, ask questions, exchange views and find mutually acceptable solutions to family problems. After mediation, the family may or may not require the assistance of a legal professional or other professional to implement their decisions.
The major benefits are two. First, mediation is a less costly process, but second and more importantly, mediation focuses on the relationship between the parties to maintain the family.