A family law mediator’s main goal is to mediate a family’s issues and reach a mutually beneficial decision, especially if there are children involved. The majority of mediators are lawyers, but some are other professionals who have received certification in family dispute resolution. Many of the cases that a family law mediator deals with involve divorce, child custody, and support.
A family law mediator’s responsibilities include acting as a family counselor in cases where a couple is having trouble getting along but does not want to divorce. Family counseling mediation is the name for this type of mediation. The mediator must listen to both parties and determine what is causing the marital conflict. Grief over the loss of a child, relationship issues, and behavioral changes caused by outside influences are all common issues. In these cases, the mediator will listen to the couple’s grievances, speak with other family members, and most likely recommend that the couple see a therapist before returning to the mediator.
Another duty of a family law mediator is to mediate in cases where the couple has already decided that divorce is in their best interests. Property division and child custody are two areas where the parties may require legal assistance. In the majority of these cases, the couple has their own attorneys who advise the mediator on what their clients want out of the divorce. The mediator examines documents pertaining to joint assets, debts, and salary information, as well as child-related expenses. Before submitting the document to a family court judge for approval, the mediator may meet with the couple for several sessions to come up with an agreement for the parties.
Working with court programs such as Alternative Dispute Resolution are some of the other responsibilities a family court mediator may have (ADR). ADR programs appoint mediators to help families who cannot afford a family law attorney or who have disputes that have not been resolved before going to court. The court appoints the family law mediator to mediate the case, and the mediator must notify all parties involved of the time, date, and location of the mediation. The mediator will have to reschedule the mediation if the parties are unable to attend.
When mediating a case, a family law mediator must also file agreements with the court, communicate with the parties about case updates, and submit mediation reports to the judge. Accounting responsibilities for the mediator include billing mediation time and sending invoices to clients. To stay current on family law issues and related jurisdictional regulations, mediators must attend training seminars and classes.