Mediation is often used as a tool to resolve conflicting family issues just like in business affairs as also other legal matters without the interference of a court of law.
The mediator’s role is to bring about a compromise or understanding between the warring parties, particularly in cases involving spousal and/or child support, decisions to be taken for minors, property division and parenting time.
In mediation there are usually three parties – the two conflicting parties, whether that be ex-spouses or parents and the mediator. The mediator is a neutral party who attempts to work with both parties and settle the issues that are being contested by the parties, which may include custody, parenting time, child support, contribution, property division and alimony.
The benefit of going to mediation is that the discussions and agreements are not subject to public record, rather it is a private affair between all those involved. It is not necessarily confidential, but it is in an intimate setting where the parties’ intent is usually to resolve their issues. Additionally, mediation is more cost efficient than litigating the contested issues in court.
On the flip side, however, mediation may fail to resolve problems. This is largely because all warring factions must be willing to work with the mediator and to reach a mutually beneficial decision, acceptable by all concerned. Additionally, agreements reached in mediation are usually not enforceable in court unless they are entered through a court order for family law matters. In the event an agreement is made in mediation, it’s best that the parties enter that agreement through a court order with their attorneys so that agreement can be in full force by the parties.
Beginning November 2018, Kiswani Law, P.C. will be offering mediation services for divorce, custody, alimony, support and property division. With the experience of family law, litigating family law matters and having the knowledge of the law, Kiswani Law, P.C. can help parties reach an amicable solution to their family law problems. Call our office at 708-210-9247 for your consultation and to schedule your mediation session with one of our Attorneys and Mediators.