The Importance Of Mediation In Family Law

January 27, 2018/0 Comments

Mediation plays an important role in family law, specifically in the negotiation and settlement of disputes. It is one of the several options open to people going through divorce and child custody battles.

The Importance Of Mediation In Family Law

What is Mediation?

When people think of family disputes, divorce and child custody attorneys come to mind. Their function in representing their clients in court and in litigating is different from that of mediators.

Attorneys are traditionally agents of their clients, meaning they negotiate and discuss legal issues on the behalf of their clients. Often, the clients do not meet personally to discuss anymore. This traditional approach is more akin to a competition, where lawyers fight each other to get the best deal for their clients.

On the other hand, mediators facilitate peaceful and collaborative discussions between the two parties. As a consequence of this approach, compromise is more often achieved. Because professional mediators are trained to be neutral, the discussion is more impartial. Issues are tackled with equal participation and full disclosure. This confidential service is distinct and complementary to the legal advice given by law professionals.

Mediation plays an important and beneficial role in divorce, child custody, and other family cases.

Fairer Outcomes with Family Mediation

With mediation, the mindset is not “winner takes all”. People come to the negotiating table with consideration for the other parties. This is a contrast from many divorce proceedings, where one or even both parties end up feeling unsatisfied and cheated by the process.

This is important for several reasons. One is the feeling of satisfaction of involved parties. This in turn makes them more likely to ensure that the terms of agreement are followed. Another reason is the welfare and interests of the children involved, if any.

Child custody mediation involves negotiations on schedules, visitation rights, transportation and accommodation, education, and similar issues. An impartial mediator can help refine the discussion to better reflect the objective interests of the child, without bias to any parent.

Family Mediation Results in Healthier Relationships

Divorce is a naturally difficult process. Self-interest and court appearances only add to the stress. Because mediation is less combative, the mental and emotional well-being of parties involved is better preserved.

Mediators often have a background in psychology, counseling, and negotiations. With their facilitation, mediation allows for more trust, honesty, and cooperation. These tools are important in maintaining goodwill and communication.

More Control with Family Mediation

Finally, family mediation allows you to take control of the direction and pace of negotiations, since appearing in court and litigation are not involved. This allows for more creativity in coming up with solutions. Moreover, mediation is a cheaper alternative compared to trial.

Family lawyers provide the necessary legal advice on filing a divorce petition, drafting and enforcing negotiations, and other processes. Mediation can make the process fairer, healthier, and better. Take control of the big changes in your life with family mediation today!

Written by Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.


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