Understanding The Role Of Family Mediation In Legal Conflict Resolution

Published on: 02 November 2023 Last Updated on: 30 October 2024
Role Of Family Mediation In Legal Conflict Resolution

As much as we enjoy close and loving family relationships, sometimes, disputes find their way without warning. These disputes may include divorce and separation, succession issues, child maintenance, and custody. Handling these disputes is challenging and may need immediate action to resolve them.

While some family disputes, especially those involving violence, may be resolved by court, some can be resolved by family mediation. Family mediation works on both parties’ interests and aims to restore a positive future relationship between the disputants. It is also a cheaper way of resolving family disputes and takes relatively less time.

But what role does family mediation play in legal conflict resolution? Read through to understand all aspects of family mediation, including its process and benefits, as a peaceful way to solve family disputes.

Understanding Mediation Role In Family Law

Mediation is a dispute resolution process where the disputants cooperate with an independent third party to resolve their disputes outside court. Mediation is both a cheaper and faster way of resolving disputes among family members.

Family mediation can help solve several issues. It can help resolve parenting disagreements, property settlements among divorcing couples, and succession disputes among kin. Note that mediation can occur with both parties sitting together or separately on different occasions.

On disputes of significant magnitude, you can involve family lawyers to help guide the mediation process.

If you don’t resolve the dispute through family mediation, you may move to court. However, you must present a certificate to prove you engaged in family dispute resolution through mediation.

The Purpose Of Family Mediation

The purpose of family mediation is to help disputing parties reach a long-lasting agreement. The decision they arrive at should be of their liking and should be satisfactory to each party.

Unlike other disputes, family disputes have a relationship and emotional attachments, though some have financial and legal implications. Resolving these disputes in court may address the financial and legal aspects alone and fail to address the emotional and relationship aspects. However, through mediation, the disputing family members can resolve all aspects of their disputes and arrive at a more desirable agreement.

Family Mediation Process

The family mediation process involves the following steps.

1.  Initial consultation/pre-mediation: The mediator seeks more information concerning the dispute. They should also gather personal concerns, perspectives, and projected outcomes of both parties. Note that at this stage, the mediator meets the disputants separately.

2. Joint sessions: After individual parties agree to proceed with mediation, the mediator organizes a joint session. At this stage, the mediator sits together with the disputing parties in one room.

3. Issues identification: Since the mediator has background information about the dispute at hand, they, at this stage, identify critical issues of the dispute. The mediator should guide both parties in talking about their priorities, concerns, and desires.

4. Establishing options: Now that the underlying issue is well-spelled out, the mediator should guide disputants in coming up with possible solutions. The mediator should suggest expansive possibilities after brainstorming suggested solutions.

5. Final agreement: At this stage, the mediator should assist the disputants in structuring a mutual agreement. The mediator should ensure that the final agreement is fair and in line with the state´s laws.

Family Mediation Benefits

Family mediation has several benefits, as listed below:

It Generates Mutual Agreement

Through family mediation, disputants can arrive at a mutual agreement satisfactory to each party. The parties have the right and power to explore all possibilities and arrive at a more desirable decision.

Family Mediation Resolves Disputes Faster

Unlike court disputes, which take years to resolve issues, family mediation takes a short period. On average, the family mediation process takes between three and six months to resolve a dispute.

It Preserves Relationships

Since family mediation addresses the emotional and relationship aspects of a dispute, the disputants should be able to maintain their long-term relationship post-dispute.

Confidentiality And Privacy

Court cases are in the public domain and may expose sensitive and private aspects to the general public. However, family mediation creates a more secure and private environment where disputes are resolved without involving the general public.

Cost-Effective

Mediation saves a lot of money, which would otherwise be spent on court charges and other legal fees.

Family Disputes Ideal For Mediation
The family disputes that should be resolved through mediation are as follows:

·         Succession disputes

·         Matrimonial property issues

·         Children maintenance disputes

·         Children custody

·         Shareholder disputes in the family business

·         Civil and other inter-personal disputes

Should I Involve Family Lawyers In Family Mediation?
It is good to involve your family lawyer in family mediation. The lawyer will provide you with legal advice concerning the legal and financial implications of your family dispute. Besides, they should be able to guide you through the mediation process since it can be overwhelming. In addition, they can help add the final touches to the final agreement you arrive at.

Unfortunately, not all family mediation processes have the desired outcome. Sometimes, parties may disagree, bringing the need for court proceedings. In this case, the court will demand a certificate showing you participated in family mediation. Your lawyer will be much more resourceful here.

Conclusion

Family mediation aims to bring disputed family members to an agreement. Besides settling their disputes, it also helps mend their broken relationships and heal their emotions. In doing so, it protects the interests and values of both parties, promoting family cohesion. What’s more, family meditation addresses the issues of parties involved in the mediation session and those indirectly involved in the dispute. The process will ensure the interest of such parties, including children´s future well-being, is well addressed. However, when your dispute involves violence or threat of life, don´t hesitate – file a court case immediately.

Read Also:

Barsha Bhattacharya is a senior content writing executive. As a marketing enthusiast and professional for the past 4 years, writing is new to Barsha. And she is loving every bit of it. Her niches are marketing, lifestyle, wellness, travel and entertainment. Apart from writing, Barsha loves to travel, binge-watch, research conspiracy theories, Instagram and overthink.

View all posts

Leave a Reply

Your email address will not be published. Required fields are marked *

Related

Divorce Lawyer

Things To Consider Before Hiring A Divorce Lawyer

Going through a divorce is already traumatic. Hiring a divorce lawyer shouldn’t be. You already have so much to think about. If you have children and combined assets, the process of divorce would become even more tangled. If your lawyer is good, you can avoid a long tussle and solve things fast so you can put the disturbing past behind you and move on. Hiring a lawyer is a very important task. Your future is at stake here. Your emotional and financial health is in your lawyer’s hands. The longer you have been in the marriage the more tangled the case becomes. If you have debts, dividing these could be tricky. There would be a lot of clauses that need to be looked into to divide these debts and assets. If you’re going through the divorce with a lawyer, chances are that your partner has a lawyer too. Since law proceedings can go any way, it is extremely important that you choose a lawyer that can help you get your fair share of the years and life that you built together with your partner. We can understand that the entire situation must be really overwhelming for you so we’ve put together a list of the top factors that you need to consider while hiring a lawyer. Things To Consider Before Hiring A Divorce Lawyer: Attorney’s experience: It goes without saying that your attorney must have experience with divorce proceedings. Law is a tricky boat to steer and unless your lawyer has some experience he would not be aware of the obstacles he needs to steer past. Now even while looking for a lawyer, check their credentials and certifications. You could personally check up with these some of the people they’ve worked with in the past. It would give you a fair idea of how the lawyer works. The biggest thing that you’d find out is their credibility. It is important that you go through many of their previous clients to make an informed decision. Fred Coover of Coover Law advises considering the experience and local reputation of a divorce lawyer before hiring them. Any big decision needs groundwork. Put in some time and effort to browse through the lawyer directory in your area and sift through their cases. Everything is available online, so you could do this any time. Lawyers generally have multiple cases in different branches that they work in their careers. Choose a lawyer that has experience in specifically divorce cases. This would tell you that they know their way around divorce proceedings. Background check: After checking their experience, check up on the lawyer’s background and how credible they are. If they have a reputation of unscrupulous methods of filing and fighting cases, you may want to steer clear. You don’t want to be stuck with a lawyer who doesn’t do things ethically because this could put your case in jeopardy as well. Divorce proceedings should be a one-time thing. You don’t want to go through the mental trauma again. If your lawyer employs unscrupulous methods, the case could be open again and you may have to compensate more than you received in the divorce hearing. Contact the local bar council and find out about the lawyer you’re thinking of hiring. They would be in the best position to advise you and give you information about the lawyer you’re seeking. Communication: Since filing cases is all about communication, when you meet the lawyer, you must be able to communicate with them effectively. Everyone’s way of communication is different and you must find one for yourself with whom you can communicate. If you feel like the lawyer isn’t true to what they say, move on to the next. Most lawyers who have been in practice for a long time have a fixed way of working and you shouldn’t have problems. In case you do, move on to find another attorney. They must be available for you via calls, emails or be open to meeting in person in their work hours. This shows that the lawyer is committed to your case. As Jim Parke from leading Melbourne law firm tells us, “Divorce is a very emotional and stressful time for the parties involved. It’s important to hire a lawyer who is sympathetic and understanding but also acts swiftly so things can be done in a timely manner”. The last thing you want is a drawn-out process which makes the event even harder to deal with. His legal practice ensures divorce proceedings are taken care of quickly. Fees of the attorney: While hiring a lawyer, inquire about their fees. Some lawyers charge by the hour and some for consultation. The normal rate that most experienced divorce lawyers charge is anywhere between $100 to $200 for consultation. Clear the paperwork and discuss the mode of payment clearly with them. Are the payments properly invoiced? Will any fees be refunded if you don’t employ their services. Lawyers charge a retainer fee which is an upfront fee. Check with the lawyer if this fees will be refunded in case you decide to terminate the contract midway. Ensure that the contract mentions all these terms clearly before signing. Read Also: How To Get A Cheap Divorce In Texas What Are The Grounds For Divorce In Illinois? How Long Does It Take To Get A Divorce In The UK? 3 Reasons Why You Might Need A Family Lawyer Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases 6 Ways To Heal After Divorce From An Emotionally Abusive Marriage Top 7 Reasons To Hire A Private Detective Agency During Divorce Cases Divorce Lawyers In Houston Texas: A Short Guide On Saving Your Marriage

READ MOREDetails
General Trade License

How to Get a General Trade License Dubai?

Dubai is one of the most admired cities for various types of businesses. Many entrepreneurs prefer trading in the UAE because of the tax-free environment. and due to the UAE's numerous Dubai visa types and easy application options, including online visa application systems, as well as many other types for entrepreneurs, investors, and businessmen. General trading is among the most profitable business ventures in Dubai. This is due to the huge local demand for various supplies because of the diverse cultures in the region. This includes essential items and even machinery. As an entrepreneur or an aspiring business person, you should know that all businesses in the UAE require a trading license. It’s necessary to understand the different types of licenses. A general trade license allows you to conduct all your business activities with a single license. General Trading License/Business in Dubai A general trading license is ideal if you’re looking to start a business in the UAE. This license covers multiple trading activities in the same or various industries. These activities include import, export, and other activities like trading in electronics, furniture, clothes, etc. You should also get a general trading license if you wish to venture into the wholesale business. This license allows you to trade in Dubai and other Emirates. However, you should understand regulations on specific products like pharmaceutical products, alcohol, and frozen goods. Many opportunities allow entrepreneurs to explore multiple businesses. There are 3 options for entrepreneurs to set up companies in Dubai; the Free Zones, Mainland, and Offshore. Steps to Get a General Trade License in Dubai The thought of conducting multiple tax-free businesses is very attractive to many individuals. However, you can’t do business in Dubai without a trading license. Below are the steps you need to follow to obtain your general trade license. Choose a Location You need to understand the different types of jurisdictions for business activities; these are the Offshore, Mainland, and Free Zones. There are 48 Free Zones in Dubai to choose from; they give you 100% ownership of your corporate and personal income. A Mainland business requires you to have a sponsor who will own 51% of the shares. An Offshore business operates in a different jurisdiction from its parent company which is usually in another country. Business Activities A general trading license allows you to conduct multiple businesses; you can choose up to 10 business activities. Apart from the restricted products like pharmaceuticals, guns, alcohol, and tobacco, you can trade in any other business. Choose a Trade Name One of the first steps is to choose an appropriate name for your company; this is one of the most important parts of your business. Choose a memorable, catchy name; it should help potential customers understand the type of business you run. You also have to follow name rules and regulations in the UAE. For instance, the name and the type of business should not contradict, you should not choose a name under copyright by another business in the UAE, it should not contain indecent or obscene words and should not offend the public, and you should not include God’s name or His attributes in English or Arabic. You can make your work easier by consulting a legal expert from a law firm in Dubai to guide you on how to choose a name. Apply for the License You need to apply for the license and submit various documents these include; A license application signed by the manager or legal representative Memorandum of association A copy of your passport 2 color passport photos with a white background A No Objection form from your employer (where applicable) Passports of all the partners Complete application form. You can consult your legal advisor from a law firm in Dubai if you’re not sure you’ve got the right documents. The Commercial Revenue Authority reviews and validates your documents; your business name is then included in the Commercial Registry. The Department of Economic Development forwards these documents to the Federal Ministry of Economy responsible for publication. After this, the ministry issues an approval letter. The next step is for the Department of Economic Development (DED) to issue you with a commercial registration certificate and original trade license. Your license expires after 1 year. Once renewed; the license is valid for 5 years. Choose a Business Premise You need an office and a warehouse; you need to store your goods. A Free Zone license has limitations on the location of warehouses to choose, while a Mainland license has more freedom. Some Free Zones are more flexible; for instance, IFZA allows entrepreneurs to operate in virtual offices. Consider the location of the warehouse and your office, size, security for your goods, utilities, storage environment, and climate control like having an AC for hot weather. General trade businesses are some of the most lucrative businesses to start in Dubai. You can trade include 10 activities and enjoy a tax-free lifestyle. However, every company in the UAE requires a license. It’s necessary to follow all the steps for the license application to save time and avoid issues. Read Also: 6 Steps to make Your Trade Show a Success Tips for Your Next Business Conference 7 Startup Ideas for Young Entrepreneurs

READ MOREDetails
DUI Car Accident Case

Tips for Winning Your DUI Car Accident Case

Drunk driving is one of the leading causes of car accidents, especially in Dallas, Texas, where 46% of drivers are highly likely to be involved in an accident, as reported by Allstate Insurance Co. According to the National Highway Traffic Safety Administration (NHTSA), as many as 10,000 people die as a result of intoxicated drivers. Surviving victims often suffer from severe and debilitating injuries. When this happens, victims can receive compensation. Here is how they can get the best compensation following a DWI accident. Tips for Winning Your DUI Car Accident Case: Call the Police: Immediately after the accident, call the police if you can. When the police are on the scene, you can have the assurance that the incident is recorded. This record is crucial when you need to file an insurance claim or prepare a lawsuit against a drunk driver. Failing to contact the police can weaken your case and only put the negligent driver back behind the wheel again. You also need to understand that this might be something, where a Traffic Lawyer Kansas City can prove to be a real asset. By working with the law enforcement agencies, collecting information about the incident, and doing other things, the best traffic lawyers build a favorable case in your favor. Collect All Necessary Information: When you can, gather all the information you can get, such as the driver’s name and contact details, the license plate of the vehicle, date and time of the accident, and persons involved. It will also help your case if you can talk with potential eyewitnesses and get records of dashcam footage. If you find it challenging to converse with the drunk driver, don’t forget to collect all this information from the police. Don’t forget to get the name of the responding police officers, so it is easy to make follow-ups regarding the case. Never leave the location of the incident until you get all the data you need. Get Medical Help: No matter how small your injury is, get emergency medical help, as this will also serve as your evidence of harm should you need to file a claim. It is crucial to get a thorough physical exam as sometimes injuries are not obvious during the first few hours of the accident. Don’t forget to get the name of the attending doctor, so it is easy to get statements later on. Be Cautious of Early Settlement Offers: In most cases, DWI victims often receive a call from the insurance company representing the driver in an effort to settle with you. They do this so they can pay you off and stop you from getting more money from them. Never ever settle without the medical report. Always consider present and future expenses when negotiating a settlement. As much as possible, do not agree to an initial settlement. Keep Records of Your Treatments: Most DWI victims do not know that they can get compensation for all their medical expenses. If you want the insurance company to compensate you adequately, keep all records of your treatments, medications, and procedures. Prepare for a Lawsuit: While you are working on having adequate compensation for your injuries, you must also seriously consider your legal rights. Often, insurance companies will pressure you to settle right away. Contact Dallas DWI attorneys to help you explore your legal options. When looking for an attorney to represent you, always ask these questions: The attorney’s experience with DWI cases The date of their last trial and the verdict It is important to get someone who can represent you well and who will not buckle against the pressure of a defense lawyer. Make sure to ask about whether the lawyer works based on contingency fees, especially if you are cash-strapped at the moment. Final Thoughts: Suffering from debilitating injuries is life-changing. Often, victims choose to go into a trial, not because of the compensation they can get but because they don’t want to let the drunk driver roam free and cause accidents in the future. Read Also: Road Mishaps That Requires A Lawyer!!! Do I Need A Lawyer For A Car Accident That Wasn’t My Fault? What To Do When You’re Involved In A Car Accident In Albany What Is Driver CPC Certification And Who Is Required To Obtain It? Here’s What You Do After Being Involved In An Accident At Work

READ MOREDetails