Mediation most effective for family and personal disputes.
Family disputes refer to disagreements or disputes that may arise within a family. These disputes can be caused by a variety of issues, such as discordial marital relationships, financial difficulties, disagreements over parenting or care for family members, disagreements amongst siblings over property or inheritance. Family disputes can be emotionally charged and may cause stress and tension within the family. Mediation helps to acknowledge and support difficult relationships while exploring resolution. They can also have legal implications if they involve matters such as property or child custody. It is important for families to address disputes early on and find resolution through open communication, increased understanding and value creating solutions.
Family (Interpersonal) Case Study 1 - Child Custody Issue
H and W are husband and wife. They have a five-year-old daughter A. They have been living separately for the past 2 years. A has been living with W. W filed for divorce and maintenance during pandemic. There has been no progress in Court.
H asked for visitation rights to meet A, which was refused by W. H believes that W is incapable of meeting many of A’s needs. On the other hand, W believes that H will only spoil A and is incapable of taking proper care of her. H wants A to be able to visit him at his home.
Mediation uncovered that W had lost her job and was worried about how she would take care of A and her future. H also did not want A to go through the trauma of her parents divorcing legally . The mediator explored deeper that H’s concerns stemmed from W seeking separation and being completely financially dependent on him. W’s mistrust stemmed from H ‘moving on’ leaving A possibly feeling abandoned by her father. The mediator facilitated conversations with H and W around addressing these concerns and the rebuilding of trust.
H and W agreed to live separately and decided against a divorce. H would help W find a job so A’s needs could be better taken care of by W. With the help of the mediator H and W worked out a schedule for H to meet A regularly at W’s home.
Family (Interpersonal) Case Study 1 - Divorce and Alimony
H and W have been married for 20 years. They have a son S who will soon turn 18. H was caught having an affair by W and there has been constant conflict between the two since then. They have now decided that they want to get divorced. H initiated the divorce proceedings. When both were unable to decide on an amount for alimony, Mediation proceedings at CAMP were initiated by H.
Both H and W did not want to see each other at any time during the mediation. The process started virtually through private sessions only. Mediation uncovered that W was demanding a high amount as she wanted to send their son abroad for his higher education. H meanwhile was eager that that son should study in India. W was also worried about financial security post-divorce and H wants to be financially reasonable while discussing alimony. H felt disconnected from his son S and wanted a relationship with him.
When the mediator was able to communicate underlying interests and needs with each other, they were receptive to joint sessions. The facilitated conversations with H and W resulted H warming up to the idea of S studying abroad as well as an understanding that H’s desire for S to study in India stemmed from his desire to rebuild a relationship with S. When parties hit impasse, the mediator engaged in reality checking on the time that this matter could take in court as well as the inability of the judge to require W to pay for college education after S turned 18. W agreed to let go of a joint property that was owned by H and W. H in turn agreed to pay an amount close to what W’s initial demand was. The case was settled in 2 months. S went abroad for his higher education