A Mediator’s objective is to help individuals explore what feels right for them based on their morals, values and judgments. The mediator can help to empower all participants to express their needs and wants and then assist in structuring an agreement that reflects their mutual interests. This experience is sometimes foreign and frightening yet at the same time it can be empowering.
The mediator, who is a neutral party, is only present to facilitate the discussion in the most productive and constructive manner possible – providing a conduit through which the parties can convey their wishes to one another and to help them determine what is best for themselves as individuals and as a family as a whole. KJMS writes an agreement in a clear straight forward manner so that in the future, all parties will be able to look back and recall their thought process as to why they have made a particular decision.
Once mediation has been completed each participant is encouraged to seek the advice of an independent review attorney, if desired. Since the mediated agreement is not written in legal language it must be transposed into legal language by one attorney before it is entered into the court and become a legally binding document.
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Divorce Mediation is a voluntary process which encourages disputing parties to communicate and cooperate directly with one another. Throughout the process, the couple will be helped to separate their emotional issues from their financial decisions.
The benefits of divorce mediation
• The cost is much less than the traditional litigated divorce.
• Both parties are encouraged to speak openly and honestly about their needs and their wants.
• It is future focused.
• It is designed to eliminate the scars of litigation.
• Benefits all members of the family, especially the children.
• The parties negotiate their agreement and control the decision making process.
• The couple works at their own financial and emotional pace.
The goal of family mediation is to help families re-build, maintain and strengthen their relationships. All the family members are able to discuss and make difficult decisions together.
Family disputes may include excess spending, drug and alcohol abuse, parent-child conflicts, sibling rivalry, bullying, school work, aggressive behavior, job responsibilities within the home, curfew, improper internet usage and family responsibilities.
Stepfamily Mediation In stepfamily mediation, major tensions can arise when two separate families unite to become one. Mediation allows all of the family members to discuss and make difficult decisions together in a non-adversarial manner. Statistics show that second marriages are at a greater risk of ending than first marriages. Family members often have to deal with feelings of resentment and jealousy. In mediation, family members work together to conquer these emotions by discussing how to set guidelines and limits with each others children, address financial disputes, responsibility, punishments, and each party’s responsible with the other person’s extended family.
Elder care mediation often involves concerns related to the “Sandwich Generation” issues which involves taking care of your spouse, children, grandchildren, parents and other extended family members at the same time. Mediation creates a neutral forum where all parties involved can speak openly, truthfully and respectfully about their own busy lives and the fears and concerns of the aging process. When families members live a far distance from each other, mediation sessions are often held in person and in conjunction with telephone conferencing.
Conversations revolve around finding the best environment in which to care for your aging parent including what type of facility is needed or perhaps is living with a child an alternative. How will the expenses, visitation and daily responsibilities be shared and who will be the liaison between the doctors, facility and the family members. Developing a protocol as to how health care decisions will be made, planning funeral arrangements, discussing and making sure the proper medical documents are in order (power of attorney, healthcare proxies, living wills and DNR), and discussing the terms and conditions of a will. In addition, mediation sessions can help family members and friends discuss unresolved feelings, conflicts and perceptions. Elder care mediation can prepare family members for what to expect in the future and ease their concerns.By discussing these sensitive topics families are better able to cope with the changes and fears associated with aging.
Community mediation can involve landlords and tenants, condominium, co-ops, businesses, neighbors, and housemates. Community conflicts may include property damage, harassment, environmental and development issues, zoning conflicts, barking dog, noise, and the upkeep of property.
In addition to helping members of a community solve their individual conflicts, community mediation can also unite an entire community. Mediation allows all of the parties involved to work together in the decision making process and to arrive at a workable solution.