Legal Advice - Dispute Resolution and Mediation in Family Law

  • 3 years   ago

You’ve probably heard the expression “mediation” before, but chances are, you’re not really sure what it means. In short, mediation involves a neutral 3rd-party who’s there to help you and the other person in the family come to a mutual agreement about property, parenting and support issues.

Of course, mediation is much more complicated than that…

Before we go into more detail, let’s just say this; if you already feel like you need to get some professional legal advice, you consult a company like JustInLaw right away and find a person that will be able to answer all of your inquiries and help you with your problem.

But if not, then you should read along and see if there’s any reason to contemplate legal action or not.

How does mediation Work?

Mediation is actually a great way to solve legal issue without all the hassle. In theory, mediations are much cheaper, quicker, and most important, more pleasant than litigation. Typically, only civil cases can be mediated, but you have some exceptions.

For instance, some nonviolent criminal cases like harassment allow mediation. Usually, civil cases that can be mediated include small claims disputes, business disputes, divorces and custody problems.

In most cases, people opt for mediation because they don’t want to damage the relationship with the person on the other side of the argument. Since mediation is pretty collaborative, it’s a great choice for business partners and couples who’ve separated voluntarily.

How Long Does the Process Take?

Mediations are pretty short – according to most recent statistics, an average mediation cases lasts for only two days. In part, this is because people take small disputes to mediation and leave the overly-complicated problems for litigation. If you’re involved in a custody battle, your case will probably last a lot longer than two days. On average, these cases last for a few weeks. However, that’s still much quicker than standard litigation.

Do You Need a Lawyer for Mediation?

In short, the answer is no. As a matter of fact, most people cite the lack of lawyer involvement – and a lack of legal fees – as the biggest advantage of mediation. On the other hand, it would be wise to talk to an experienced lawyer during your case in order to inform yourself properly and find out some of the consequences of meditation and possible settlements. This will also cost you much cheaper than hiring a law firm to litigate your case.

Aren’t Mediation and Arbitration One and the Same?

While these two processes are quite similar, they have a huge difference. A mediator who’s there to help your case doesn’t have any authority to make a decision without the approval of both people. On the other hand, an arbitrator can make a decision over both parties, even without their consent.

And there you have it, those are some of the basics things about mediation. So if you’re going to the process right now, it would be smart to do some research and get familiar with the fundamentals if you want to reach an agreement with the other party much faster.