Mediation may be an ideal way to resolve disputes regarding child custody, estate planning or other issues between family members. A mediator serves as a neutral party who aims to help parties engage in conversations that may allow them to create solutions without entering a Massachusetts courtroom.
Hurt feelings may be the root cause of a dispute
One of the key benefits of going to mediation is that each party will have a chance to speak in a frank manner. This may allow your partner, parent or another family member to work through hurt feelings that may be causing the roadblock that has allowed a dispute to linger. In some cases, simply having the chance to speak openly may reveal hidden feelings that the other party to the matter didn’t even realize existed.
Mediation gives you more control
A mediator can’t force you or other parties to a dispute to agree. Furthermore, the mediator doesn’t play much of a role in crafting the terms of any agreement that is reached. Instead, it is up to you and your family members to reach a solution that works for everyone. If you take a matter to court, a family law judge may craft an order that is tailored more to the letter of the law as opposed to what may work best in your situation.
Mediation isn’t for everyone
Mediation may not be ideal for those who feel unsafe talking to their spouse or others involved in a dispute. It may also not be helpful for those who don’t feel they are ready to negotiate in good faith or feel that other parties will not do so.
Engaging in mediation may allow you to reach a favorable outcome in your case while preserving relationships with family members. As a general rule, you can engage in mediation for as long as it takes to reach a deal, and it may be possible to hold talks after filing a lawsuit.