Understanding Family Mediation

Family mediation is an increasingly favoured approach for resolving disputes within familial contexts. It is a cooperative method designed to nurture mutual agreement, empowering family members to construct their own solutions under the guidance of a neutral mediator.

What is Family Mediation?

Family mediation is a voluntary procedure where disputing family members agree to partake in a dialogue orchestrated by a mediator. Unlike contentious strategies such as litigation, family mediation encourages open communication and negotiation, leading parties to reach a resolution that benefits all involved.

Key Features of Family Mediation

• Voluntary Participation: All family members must agree to participate in mediation, reflecting their readiness to collaborate and settle the disputes without force.
• Impartial Mediator: The mediator serves as an unbiased facilitator, directing conversations impartially without dictating solutions or judgments.
• Confidentiality: The discussions within mediation remain private, ensuring sensitive family matters stay confidential and do not become public.
• Mutual Agreement: Family members hold control over the outcome, devising solutions that cater to their specific needs and interests.
• Distinct from Arbitration and Litigation: Unlike arbitration or litigation, family mediation is generally faster, more cost-effective, and allows family members to preserve control over the outcomes rather than having decisions imposed by a third party.

Benefits of Family Mediation

• Time and Cost Efficiency: Family Mediation is generally quicker and less costly than conventional court proceedings, minimising disruptions to personal and family life.
• Preservation of Relationship: By promoting a collaborative discourse, family mediation aids in preserving or even enhancing relationships that might otherwise be damaged in adversarial conflicts.
• Control and Flexibility: Family members are empowered to create tailored solutions, providing a degree of flexibility not available in court judgments.
• Privacy: Family mediation sessions are confidential, protecting personal and family information from becoming public knowledge.