Insight

Is Family Law Mediation the Future of Conflict Resolution?

In recent years, family law mediation has started to emerge as the preferred option over traditional forms of litigation, offering clients an amicable and efficient alternative of conflict resolution.

Silhouettes of family split into multiple sections
Best Lawyers

Best Lawyers

May 17, 2023 12:16 PM

Family law disputes, which can include anything from divorce to child custody battles, can be both emotionally and financially draining experiences. Such disputes have historically been resolved through litigation, which can further exacerbate the already strained relationship between the parties and could result in a prolonged legal battle. Despite this, family law mediation is emerging as a popular alternative to traditional forms of litigation, offering all parties involved a more amicable and efficient means of conflict resolution.

For individuals currently going through the process or considering mediation in the near future, here’s a breakdown of what to expect on the road going forward and why a family law mediator might be the right choice for you.

What Does a Family Law Mediator Do?

A family law mediator acts as a neutral third-party who assists individuals or couples resolve disputes related to family law issues, such as divorce, child custody, property settlements or division and much more. Simply put, a mediator's role is to facilitate communication between the parties, identify the key issues at hand and help both parties reach a mutually agreeable resolution. Despite managing communication between both parties, family law mediators are not responsible for making decisions for their clients. Instead, a family law mediator assists them in establishing a common ground and working towards a solution.

Family law mediators are licensed and fully trained professionals with a background in law, mental health and an array of other areas. By harnessing specific skills such as negotiation, conflict resolution and communication, family law mediators are determined to reach the best outcome for their client. By hiring a family law mediator, individuals can resolve their disputes in a timelier and more cost-effective manner, as opposed to traditional litigation.

Why Mediation Is Important in Resolving Conflicts

Instead of litigation, mediation can be an important tool in resolving any family law-based conflicts, providing a more collaborative approach to establishing a legal resolution. As previously stated, the mediation process is generally faster and overall less expensive than litigation, which in some instances can take anywhere from a few months to years. By going through the mediation route, both parties may be able to maintain a healthy, working relationship, which is often critical in family or business disputes.

For cases where emotions may run high, mediation can be particularly useful since a family law mediator can assist both parties in remaining focused on the issues at hand, avoiding tensions from reaching a point of escalation.

Conclusion

To conclude, family law mediation offers a more cost-effective, timely and cordial alternative to litigation for all parties involved. By hiring a family law mediator, a family experiencing difficult times are able to maintain some semblance of control over the outcome of their specific dispute, all while preserving familial relationships and minimizing the emotional toll of the process. With all that considered, family law mediation may just be the future of conflict resolution in a legal situation that often ends in litigation.

Headline Image: Adobe Stock/koldunova

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This article is a part of the Best Lawyers Family Law Legal Guide. Read thought leadership from recognized lawyers and navigate a list of all honorees in the associated practice areas.

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