Intra-Family Mediation

Introduction

Intra-family mediation is a form of alternative dispute resolution in a private form before a case is filed in court. A mediator plays a crucial role by listening to both parties concerns and comes to the conclusion. The mediator plays a neutral role and all mediation sessions are confidential. When issues are resolved, a case is no longer heard in court if both parties in a dispute are satisfied with the decision of the mediator. However, when mediation fails, the case goes to litigation.

Enhancement of Intra Family mediation

The family mediation field has struggled for twenty-five years to become a credible option and significant presence in separation and divorce actions. In the past decade, family mediation has emerged as a major dispute resolution process in many states within the US, Australia, Canada, India, Pakistan, Scotland etc. With increasing acceptance, family mediation has broadened to include adoption, child protection, guardianship, juvenile, parent-teen, and probate matters, although divorce mediation remains the predominant practice. Since its inception in the mid-70s, family mediation has been an interdisciplinary endeavour. Divorce mediation arose from widespread, intense dissatisfaction with the negative process and the long-term impact of adversarial divorce proceedings on the participants and their children.

The Intra Family mediation process

The intra-family mediation process includes the following process.

1. Take an appointment with the mediator through an online or physical visit.
2. The mediator calls an individual meeting with participating family members.
3. The mediator then calls both parties and gives a chance to both of them to share their concerns and interests.
4. Agreement to a plan for the mediation, between participating family members and go- dialogue.
5. In a joint meeting, if both parties in a dispute have any contradictions then further time is given to both parties to come to the conclusion.
6. Follow- up meetings or further individual and joint meetings if required by the parties.
7. After a required time is given to both parties in a dispute, the mediator gives his final decision on the basis of the concerns and interests of both parties in a dispute.

Role of mediator in family mediation 

It is usually the mediator’s role in family mediation to facilitate the mediation by assisting the parties in uncovering and identifying their needs and interests. The mediator can then take a bird-eye view of all the interests of both parties and identify their mutual interest. When the parties’ interests are not fully laid out for the mediator, the mediator does not have true knowledge of the situation; instead, the mediator has an incomplete and distorted picture of each party’s interests. Thus, when a mediator uses the interests proposed by both parties. Hence, the mediator plays a neutral role in intra-family mediation.

Advantages of Intra family Mediation

1. An intra-family mediation is confidential, allowing both parties to share their concerns that support authenticity and dignity.
2. Intra-family mediation required very less time as compared to litigation.
3. It is less expensive as compared to litigation.
4. Mediators play a neutral role to resolve disputes among both parties.
5. The mediation process is flexible to the specific needs of the family.
6. An impartial and non-judgemental third party (the mediator) can support you to make contact in a way that feels calm and safe.
7. Relationship change takes place over time and in intra-family mediation we have the flexibility to design a process that supports this.
8. Therefore, it saves the relationship and, therefore, the family’s children from emotional issues they could face because of the lengthy court litigation. Also, it is a simple idea for cases where the parents need to be in contact even after their divorce because of their child.
9. All the mediation sessions are confidential so the privacy of both parties remains in mediation. However, in litigation, the final decree and judgement of the case come under public record.

Limitations of intra family mediation

The modus operandi of intra-family mediation are bound with the following limitations;

1. Intra- family mediation is only possible when both parties in a family disputes are ready to resolve the disputes through the intra -family mediation. If one of the party is not ready and not bound by any agreement, then the aggrieved party has the right to approach go for the litigation process.
2. If the parties are bound by any conjugal agreement, then the parties have to follow intra-family mediation before going into litigation.
3. The decision of the mediator is not binding on the parties. If any of the parties in a dispute is not happy with the decision of the mediator, then any of the party in a dispute has a right to go for the litigation process.

Conclusion  

Intra-family mediation plays a crucial role to resolve the disputes among the parties in a dispute in a less time with less cost as compare to the litigation. Most of the family cases like child custody required a lengthy time which gives an emotional and mental trauma to the parties in dispute and especially the minors in a dispute. Subsequently, the mediation is a convenient process as compare to litigation. Moreover, the role of the mediator is a neutral so both parties in a dispute conveniently share their concerns and interests.