How Family Law Mediation Works?

What is Family Law Mediation?

Family law mediation is a process where the parties involved in a legal action involving family law come together with a neutral mediator to try and resolve their issues out of court. The mediator facilitates communication between the disputing parties by helping them find common ground on which they can base a settlement agreement regarding custody, spousal support, child support, property division, and other related financial matters.

Many couples choose mediation as an alternative to litigation because it allows them to control how their case is handled. As a result, they are able to avoid going through discovery procedures and depositions, which often take more time than the actual trial. In addition, many people who meditate cases do so because they want their voice heard above all others.

Family law mediation works this way:

The parties to the divorce meet with a neutral third party (the mediator) trained and experienced in family law matters. The mediator has no decision-making authority and cannot impose a settlement on either party; however, during mediation, the parties will collaborate to develop an agreement acceptable to both husband and wife.

Family Law Mediation Process: Parties interested in pursuing mediation must sign a contract agreeing to do so before they meet with the mediator. In most cases, that contract requires them to submit all issues raised by the divorce within 30 days, or it becomes null and void. This ensures that families can move through mediation quickly without becoming bogged down in procedural matters.

After signing the contract, the parties meet with the mediator to discuss each issue raised by the divorce. Issues may include visitation schedules, child support, spousal support, and division of marital assets. The mediator begins by asking questions about each party’s thoughts on settling that specific issue. Next, he or she specifies what information is needed before an agreement can be reached. Usually, all important facts are available through documents presented at this first meeting, along with personal testimony from both sides involved in mediation sessions for family law issues. But if there are any gaps in understanding between husband and wife on a particular point, the mediator will ask more questions to clarify their differences so they can move on to finding common ground.

The mediation process may take place over several sessions, depending on the issues involved in each case. The specific approach to meeting with the mediator varies according to individual circumstances, but most families use a set of three meetings at their first session together.

At the conclusion of each session, the meditators will compile all information gathered into a document presented at any future negotiation between family members. Ultimately, it is up to husband and wife whether they wish to proceed with an agreement based on what has been worked out during mediation or if either one of them would prefer to litigate his or her case instead.