As a process, family mediation is appropriate for parents who are on good terms with each other, as well as for those in conflict. Where there are imbalances of power between parents, it is the role of the mediator as an impartial third person to level the playing field throughout the mediation, by ensuring that each parent effectively communicates his or her interests and concerns. As an additional measure, the mediation can be conducted via Shuttle Mediation, namely from two separate rooms.
However, family law mediation is not appropriate for every case in family law. As an alternative dispute resolution process, it may not be appropriate where legal issues need to be determined in court, where a document needs to be interpreted by a judge, or where an urgent injunction is required. Further, mediation may not be appropriate where a history of intimidation and domestic violence between parents exists, or where a power imbalance prevents one parent from effectively participating during the mediation.
However, family law mediation is not appropriate for every case in family law. As an alternative dispute resolution process, it may not be appropriate where legal issues need to be determined in court, where a document needs to be interpreted by a judge, or where an urgent injunction is required. Further, mediation may not be appropriate where a history of intimidation and domestic violence between parents exists, or where a power imbalance prevents one parent from effectively participating during the mediation.
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