The Benefits of Family Mediation: Styles, Preparation, and Tips for Success

Family law disputes can be emotionally draining and financially burdensome.

Mediation offers a valuable alternative to traditional litigation, allowing parties to resolve their issues collaboratively and efficiently. Whether you're an attorney preparing for mediation or an individual involved in a family law case, understanding the nuances of the mediation process can significantly impact the outcome.

Choosing the right mediation style is pivotal. Here are three primary styles:

1. Facilitative Mediation

• Pros:

  • Empowers parties to explore various options and have significant influence over the outcome.

  • Encourages creative solutions that address the interests of both parties.

  • Generally less expensive due to fewer required resources.

• Cons:

  • May be less effective when there's a significant power imbalance.

  • Complex legal issues might not be fully resolved without expert input.

In facilitative mediation, the mediator guides the process without offering opinions or suggestions, helping parties find common ground.

2. Informative Mediation

• Pros:

  • Provides parties with expert knowledge about legal rights and responsibilities.

  • Addresses legal complexities without formal litigation.

  • Can save time and money compared to court proceedings.

• Cons:

  • Options may be limited by legal constraints.

  • May not fully address emotional or relational issues that hinder agreement.

This style involves a mediator who supplies legal information, aiding parties in making informed decisions.

3. Evaluative Mediation

• Pros:

  • Offers expert guidance, potentially leading to swift dispute resolution.

  • Clarifies complex legal matters through evaluations.

  • Can expedite resolutions by relying on expert opinions.

• Cons:

  • May feel less collaborative due to the mediator's influence.

  • Parties might feel pressured to accept recommendations out of deference to the expert.

Evaluative mediation involves the mediator providing opinions based on their legal expertise, often used when negotiations have stalled.

Choosing the Right Mediator

Consider which style—or combination of styles—best suits your case. The mediator's approach should align with the specific needs and dynamics of your situation.

Mediation offers a pathway to resolve family law disputes with greater control, reduced costs, and often, less emotional strain. By thoroughly preparing yourself, your client, and engaging constructively with the other party, you enhance the likelihood of reaching a satisfactory resolution. Remember, the goal is to find a solution that both sides can live with, allowing everyone involved to move forward.