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Difference between revisions of "Resolving Family Law Problems out of Court"
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Resolving Family Law Problems out of Court (view source)
Revision as of 00:02, 25 January 2014
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Mediation is another kind of structured negotiation in which the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find compromise. The goal of mediation is to arrive at a settlement of some or all of the issues in dispute which both parties are as happy with as possible. | Mediation is another kind of structured negotiation in which the parties attempt to reach an agreement with the help of a mediator. A mediator is a neutral <span class="noglossary">third party</span> who guides the parties through their negotiations, helps to identify the parties' interests, and helps them to find compromise. The goal of mediation is to arrive at a settlement of some or all of the issues in dispute which both parties are as happy with as possible. | ||
Mediation may be used by parties who intend to never set foot in a courtroom, but it is also useful for parties who have started a Court Action but still want to try and settle out of court. | |||
If they reach a settlement, the terms of the deal can be set out in a consent order, in a separation agreement, or in minutes of settlement, depending on the circumstances and the preferences of the parties. | If they reach a settlement, the terms of the deal can be set out in a consent order, in a separation agreement, or in minutes of settlement, depending on the circumstances and the preferences of the parties. | ||
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For a quick introduction to how to start mediation, see [[How Do I Start Mediation with My Spouse?]] It's located in the ''How Do I?'' part of this resource, within the section ''Alternatives to Court''. | For a quick introduction to how to start mediation, see [[How Do I Start Mediation with My Spouse?]] It's located in the ''How Do I?'' part of this resource, within the section ''Alternatives to Court''. | ||
The general rule is that Mediation is a voluntary process but there is one exception to that rule. If you and your partner have already started and action in the Supreme Court, the Notice to Mediate (Family) Rule provides a mechanism for forcing the other side to try mediation before getting into the Courtroom, to fine out how to use the Rules see "How Do I Force My Spouse to Mediate". It's located in the How Do I part of this resource. | |||
===Arbitration=== | ===Arbitration=== | ||
