Mediation is a method of settling disputes between people involved in a conflict. The facilitator is normally a third party that is neutral. When families are separated, they are encouraged to make use of family mediation in resolving disputes regarding children. 

Family mediation should be the first stage in resolving family disputes. However, if this fails and the matter escalates, the next port of call is the family law court. 

Mediation Methods 

What people generally prefer is for a friend or family member to intervene at the initial stage of a dispute. When that fails, a professional mediator may be invited. 

Family disputes may involve two persons. Sometimes the matter extends to the involvement of the extended family member. Where the dispute is centred on matters regarding child protection family, mediation may include complete family group conferencing. 

Taking matters to court should be avoided unless in an unavoidable situation. With the involvement of the court, time will be wasted. Money, too, will be wasted. Court procedures can be long and expensive. It can be a stressful process as well. 

The objective of family mediation is to prevent the kind of escalation that can lead to taking matters to court. The system of family law persuades separated families to make their own peaceful arrangements to ensure care for children without the involvement of a family law court. Many methods are available such as: 

  • Resolving within the parents
  • The intervention of friends or family members 
  • General mediation that is informal 
  • Use of family mediation procedure under family law Act-1975. This is popularly known as Family Dispute Resolution (FDR). 

Following the breakdown in the relationship, issues of property sharing and child custody may need to be settled. These are emotional issues that can easily escalate. When such happens, there is the need to call a professional mediator. 

Who Is A Dispute Resolution Practitioner? 

After separation, if the families cannot resolve issues of children’s custody and care, the right person to ask for assistance is a family dispute resolution (FDR) expert. 

The FDR practitioner operates independently. He is specially trained to mediate and negotiate. 

He is also a family disputes specialist. They are trailed to maintain neutrality. They don’t take sides or bias. They serve as facilitators. They encourage people to talk freely about issues causing disputes.

They are specialists in operating in a family law environment. They provide an adequate response to family violence. They have training in providing a supportive atmosphere, especially in securing the vulnerable ones. They create a peaceful atmosphere to enable open discussion. They clarify issues. They allow everyone to feel secure to disagree. FDR experts are accredited under family law regulation.

Confidentiality

During family mediation, you have freedom for free discussion. Whatever you say in the presence of an FDR practitioner is treated with confidentiality. However, there are exceptions. You are not allowed to threaten people’s life or health. You are not allowed to commit any crime. Statement made in front of an FDR expert cannot be presented as evidence in court.

The FDR practitioner has the responsibility to report a case of child abuse. He has to disclose the risk of child abuse. In some cases, this may be presented as evidence. 

Summing Up 

Mediation is a method of settling disputes between people involved in a conflict. The facilitator of family mediation is normally a neutral person. Family mediation being the first stage of resolving family conflict, is also the best option. Resorting to court will cost money. There will also be delays and the accompanying stress. 

Family Dispute Resolution (FDR) expert has the experience to resolve family disputes amicably. The statement made in front of the FDR practitioner is treated with confidentiality. However, there are exceptions to this.