Family law mediators help families resolve disputes, often related to divorce, child custody, and support. They act as counselors to identify the root cause of conflicts and may work with court programs to help families who cannot afford an attorney. Mediators file agreements with the court, correspond with parties, and attend training to stay current on family law issues.
The main objective of a family law mediator is to mediate the problems that a family has and reach a decision that is beneficial to the parties, especially if there are children involved. Most mediators are attorneys, but some are other professionals certified in family dispute resolution. Many cases a family law mediator handles issues of divorce, child custody and support.
One responsibility that a family law mediator has is to act as a family counselor in cases where the couple is having trouble getting along but does not want to divorce. This type of mediation is called family counseling mediation. The mediator must listen to the parties and get to the real issue that is causing the conflict in the marriage. Common problems include grief over the loss of a child, relationship problems, and behavioral changes from outside influences. In these cases, the mediator will listen to the couple’s complaints, talk to other children in the family, and will likely recommend that the couple see a therapist and return to the mediator.
Another task that the family law mediator has is to mediate situations in which the couple is already convinced that divorce is in their best interest. The parties may need legal advice on matters such as property division and child custody. In most of these cases, the couple already have their own lawyers who advise the mediator what the client wants from the divorce. The mediator reviews documents pertaining to joint assets, debt and salary information, as well as expenses incurred on behalf of the child. The mediator may meet with the couple for several sessions to reach an agreement between the parties before sending the document to a family court judge for approval.
Additional duties that a family court mediator may perform include working with court programs such as Alternative Dispute Resolution (ADR). Programs such as ADR appoint mediators to help families who may not be able to afford a family law attorney or who have disputes that have not been resolved before the court. The family law mediator receives an appointment to mediate the court case and must notify the parties involved of the time, date and place of the mediation. If the parties are unable to attend the mediation, the mediator will have to reschedule the mediation.
Other steps a family law mediator must take when mediating a case include filing agreements with the court, corresponding with the parties on case updates, and submitting mediation reports to the judge. The mediator must perform accounting tasks that consist of billing mediation time and sending invoices to customers. Mediators are also required to attend seminars and training classes to stay current on family law issues and related jurisdictional regulations.
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