How Mediation Services Can Help Resolve Family Disputes Amicably

Every family goes through disagreements, but when those disputes become intense it can cause a lot of strain for everyone involved. In some cases, these family disputes can become so serious that one or more parties may feel the need to take it to court. Fortunately, there is a less stressful alternative that can take the heat out of any disputes and help all parties involved come to a peaceful solution. Family mediation helps all sides of a dispute come to a resolution, whether it be over issues surrounding divorce or separation, arrangements for children, or other family conflicts. Find out more about family dispute resolution services below.

What are mediation services?

In mediation, the disputing party’s consent to meet in person under the guidance of an impartial mediator to work out their differences. Each party can present their case, make suggestions, offer solutions, and concede throughout this dialogue. No one is compelled to agree to anything they don’t want to during the mediation session, and each party keeps control. Conversations are conducted without bias to prevent repetition in court. The mediator will explore how an agreement can be made legally binding after it has been reached. If a reasonable settlement cannot be achieved, the mediator will consider further alternatives, such as arbitration or court proceedings.

The types of disputes that can arise

  • Arrangements for property, finances, and the family home in divorce/separation proceedings.
  • Disputes over where children will live and how much time they will spend with each party.
  • Disagreements over a child’s welfare including education and medical treatment.
  • How much time grandparents and other extended family members can spend with children?
  • Claims that wills & inheritance do not make reasonable provision.

The family mediation process

  • The mediation process starts with the initial call between the mediator and each of the relevant parties. During this call, the mediator will outline the process and any issues to discuss or not include in the meetings.
  • The mediator will meet each party separately to explain the process in more detail. This is known as a Mediation Information Assessment Meeting (MIAM). Each MIAM is confidential, and no details will be shared between parties.
  • Once all the MIAMs have concluded, a joint meeting between all parties can be arranged if everyone agrees to it. This first meeting involves signing any agreements to mediate, dealing with any immediate issues, and setting the agenda for further meetings.
  • Future meetings may take place depending on the issues each party wishes to cover. This includes discussions around arrangements for children, financial settlements, and so on.
  • Any agreement reached in these meetings is not legally binding until independent legal advice is provided. Once this occurs, a lawyer can offer a Memorandum of Understanding as an order that can be lodged in court for approval before a judge.
  • In some case mediation can be dealt with over the course of a day or half day with lawyers present. In these cases, the parties in separate rooms & the mediator travels between the rooms. This is known as hybrid mediation.

Benefits of family dispute resolution

  • Mediation allows you to arrive at the solutions that will best fit your family’s needs and avoids the courts imposing an unacceptable solution on you.
  • The legal costs of pursuing disputes in court can be enormous. In contrast, mediation is much more affordable.
  • Through mediation all parties have the time to come up with solutions that the courts simply do not have the time or resources to consider.
  • Mediation offers much faster results compared to the courts which can take a long time to resolve issues.
  • The process of mediation helps keep communication channels open between parties and reduces conflict and animosity between all involved.

East Mediation

Contact us at East Mediation if you’re seeking dispute resolution services that can assist you in finding a quick and affordable solution to any problems. For more details, see our mediation services page or get in touch with us as soon as possible.

The Advantages of Using Mediation Services for Dispute Resolution

Whether in marriage or business, any relationship may come to a point when it no longer works and both parties must part ways. Even so, this can be challenging, especially when there are children or financial holdings involved. Even if these agreements are negotiated in court, it could be an expensive and unpleasant experience for all concerned. It is more efficient, cost effective, and, most importantly, less stressful to resolve such disputes through mediation with the assistance of alternative dispute resolution services. These are some of the reasons you should consider using dispute resolution services.

What is a mediation meaning?

A mediation meaning is where each party to a dispute agrees to meet under the supervision of an outside mediator to resolve the disagreement (such as a marital or business dispute). This discussion allows each party to express their views, make recommendations, put forward solutions, and offer concessions. Each side maintains control during the mediation session, and no one is forced to agree to anything they don’t feel happy with. In the event that an agreement cannot be reached, the discussions are conducted without prejudice, so that nothing is repeated in court. After an agreement is reached, the mediator will discuss how the agreement can be legally bound. Alternative options such as arbitration or litigation will be considered by the mediator if a reasonable settlement cannot be reached.

Benefits of alternative dispute resolution services

  • Mediation is an effective alternative to court because most cases resolve the same day or within a few days.
  • Legal processes can be expensive, so mediation is a cost-effective way to settle conflicts. This is critical given the current economic climate and rising living costs.
  • Mediation allows both sides to maintain control throughout the meeting, and no one is forced to agree to anything they do not want to. As a result, everyone is on equal footing when negotiating.
  • Compared to judicial processes, mediation provides a greater variety of outcomes and can provide more favourable settlement conditions.
  • In case of a trial, all information given during the mediation process will be kept confidential. As a result, there is less risk of humiliation or reputational damage.
  • Your meeting can be mediated by anyone you choose depending on the nature of the argument. Depending on whether it is a matter between family members or one regarding intellectual property and financial transactions, the mediator will handle it differently.
  • Disagreements can be resolved more amicably through mediation. In the event both parties negotiate and reach an agreement, divorce or separation can be amicable and without bitterness or hostility.
  • A judge will likely view you negatively if you refuse mediation and instead approach the court directly. You may be subject to large fees even if you win your lawsuit because you refused to mediate.
  • Technology has advanced to the point where you can now use video conferencing programs like Zoom to mediate. The advantage of this is if one side lives at a distance and cannot meet in person.

Types of mediation services

Depending on the type of dispute, there are many different mediation services available:

  • Parenting mediation for separated or divorced parents to make arrangements for their children’s welfare and education.
  • Property mediation for separating couples to divide their assets and liabilities fairly and cooperatively.
  • Business mediation involving employees and stakeholders in order to negotiate and resolve any issues relating to business activities.
  • Elder mediation between older adults, family members, caregivers and service providers for the arrangement and negotiation of living arrangements, guardianship and inheritance.
  • Community mediation to resolve disputes between neighbours, relatives and friends within the community.

Services offered at East Mediation

Here at East Mediation, we offer the following services:

  • Family Mediation Services – By arranging a private meeting with a mediator you can avoid costly and uncomfortable court proceedings. We will arrange a Mediation Information and Assessment Meeting between you and your mediator to discuss the mediation process and what you hope to achieve out of it. Once all relevant parties have attended a MIAM, a joint meeting will take place that will allow all parties to discuss and negotiate their cases.
  • Shuttle Mediation Services – Where both parties wish to mediate but one or more are unable to attend in person, we can offer shuttle mediation services. After the initial MIAM session, each party will conduct mediation in a similar way to family mediation services, but in separate rooms rather than together in person.
  • Hybrid Mediation Services – In certain cases such as inheritance disputes a hybrid mediation service might be the ideal solution. Hybrid mediation services allow you to have a lawyer present in the room if it has been agreed to in advance. If an agreement is reached your lawyer may be able to prepare settlement documents on your behalf.

East Mediation

If you are looking for dispute resolution services that can help you resolve any issues in a timely and cost effective way, then get in touch with us at East Mediation. Take a look at our service page for more information or contact us today.

Why Mediation Services are a Cost-Effective Alternative to Legal Proceedings

In any relationship, whether it be a marriage or a business relationship, there may come a time when it no longer works and both parties decide to separate. This can be easier said than done, particularly where there are financial assets, or the care of children involved. While you may choose to have these arrangements sorted out legally in court, this can end up being costly and stressful for both parties. Mediation with the involvement of professional dispute resolution services is a faster, affordable, and above all else less stressful way to deal with such issues. Here are some of the reasons you should consider mediation.

What is Mediation?

Mediation is where all parties involved in a dispute agree to a meeting assisted by a third-party mediator. During this meeting, each party discuss their views, makes proposals, suggest options, and explore compromises. The mediation session is designed to be a safe meeting where each party remains in control, and no one is compelled to agree to anything they are not comfortable with. The meetings are confidential, so nothing is repeated in court if an agreement cannot be reached. If an agreement is reached, the mediator will discuss how to legally bind it. The mediator will discuss alternative options such as arbitration or court proceedings if no suitable agreement is reached.

Benefits of Mediation

  • Most cases that go to mediation end up being resolved either on the same day or not too long after, making them an effective alternative to legal proceedings.
  • Mediation is a less costly way of resolving disputes than legal proceedings which often attract high fees. Considering the current economic climate and the rising cost of living this is important.
  • Each party involved in mediation retains control throughout the meeting and no one is compelled to agree to anything they are not satisfied with. This allows everyone to negotiate from an equal position.
  • Mediation offers a better choice of outcomes compared to legal proceedings and can offer terms of settlement that are more flexible than those found in court judgements.
  • Any discussions during the mediation process remain confidential and will not be brought up should the case go to court. This allows people to think outside the box in a way which cannot happen in court.
  • You can choose who you wish to mediate your meeting based on the type of dispute involved or how you feel about meeting the other person.
  • Mediation helps reduce the adversarial nature of disputes. By negotiating and coming to an agreement, both parties can separate on more amicable terms with less bitterness or animosity.
  • The Courts expect people with family problems to mediate before starting any court proceedings and even when proceedings have begun to keep mediation in mind as an option.
  • Advances in technology now give you the option of conducting mediation through video conferencing programs such as Zoom.

East Mediation

If you are looking for dispute resolution services that can help you resolve any issues in a timely and cost-effective way, contact us at East Mediation. Take a look at our service page for more information.

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