How to resolve legal issues within the family
Family conflicts can be stressful and disruptive and can affect mood, productivity level and relationships with other people. This is why as soon as conflict arises, both parties should agree towards a resolution. Otherwise, the issue could snowball and eventually become too serious that it hurts not just each other’s feelings but it also impacts the quality of life of everyone involved.
If you have legal issues that are causing family conflicts, it is best to find ways to resolve it right away. Below are some ways on how you can resolve legal issues within the family.
Negotiation
Since you will be negotiating with a family member or members everything can be done in an informal manner. Family members or disputing members would need to reach a certain consensus settlement. You can directly handle the negotiation process on your own. Or, you may also hire a lawyer who can then speak on your behalf.
In this type of negotiation process, it is possible that only one side has a lawyer to speak on his behalf while the other person negotiates on his own.
In most cases, lawyers will conduct the negotiation process first, before taking the case to court. If the two disputing parties or family members question the legality of verbal agreements, legal experts from SBK Law Group highly recommend that everything has to be in black and white.
The written version of what they have agreed upon must be signed by both parties and then make sure that each has their own copies. The written copy will also serve as protection since it can be challenging for a verbal agreement to be enforced. The legality of verbal agreements can also be quite complicated.
Arbitration
If family members opt for arbitration to resolve their conflicts they must have proof that they have independent legal advice. They should do this prior to agreeing to submit their dispute to arbitration. It is also a must that you sign an arbitration agreement. This is where you will be laying out the issues that need to be settled. Other information that should be seen in your signed arbitration agreement includes the name of the arbitrator, the fees, place, and date. You also need to include any related information regarding the procedure.
If the chosen arbitrator is not a lawyer then he should first undergo some training about family law. The arbitrator does not have the power to grant a divorce. He is also not capable of granting marriage annulment. What he can do is to make decisions regarding the division of property, child custody, access and payment of support. Note that arbitrators will only be allowed to make decisions on specific issues that you ask him to resolve.
Mediation
This is when the need to have someone to act as a mediator becomes a requirement. Both parties would need to talk to each other in the presence of a mediator so they could reach an agreement. It is not always necessary that a mediator is a lawyer. Social workers or psychologists can also act as mediators because they have been trained and are experienced in handling different types of conflicts. However, mediators must see to it that they should avoid any degree of bias or partiality and should be as objective as much as possible.
The mediator can give suggestions to the conflicting family members to help them be informed of other ways to resolve their conflict. However, these disputing family members are not obliged to follow the mediator’s suggestion. Keep in mind that a mediator is not capable of giving legal advice. The conflicting parties must consult a lawyer before the onset of the mediation process. This way, both parties will be aware of their rights and responsibilities. To learn about how to prepare for divorce mediation, check out The Sanders Firm, P.A.’s blog
There are many legal issues that could wreak havoc on a family. Domestic violence, marriage dissolution, and juvenile matters are just a few of the many that may warrant the need for a fair and just resolution. Family members are encouraged to work on resolution the soonest time possible before irreparable damage could occur. Know that you can always ask the help of experts when resolving legal matters.
2 thoughts on “How to resolve legal issues within the family”
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I have an observation to make. On the paragraph on mediation above, line 10 thereof says in part,”The Mediator can give suggestions to the conflicting family members to help them be informed of other ways to resolve their conflicts.”
As a mediator, I always ENCOURAGE parties(whether family members or not), to come up with their own solutions to the problem. Do these two sentences, mine and yours above, mean the same thing? I do not think so?
Please let me hear your comments.
in Australia facilitative mediation is so the participants can talk with each other if it is appropriate and safe and make informed wise decision as the object is for them to be self-determined. hence the mediator stays out of the content mostly. however if it separation mediation mediators can provide handout material and educative information and referrals in premediation mostly. there are also lots of free printed booklets as well as online that can be handed out on all matters of parenting and property and financial settlements. so ideally information does not come from the mediators mouth. the national mediator standards are based on facilitative mediation in our country.