Most grandparents will attempt to sort out problems themselves by approaching their kids to talk about the problems, but if this does not work, where should they turn? Mediation introduces an expert who is able to assist everyone, look at things differently and focus on what the children need rather than their distinctions. It is less adversarial than the standard court path and can assist to facilitate much better conversations, presenting calm and control, leading to contracts that individuals can work with.
Mediation is usually very successful and both parties can iron out misunderstandings, get a better understanding of why the relationship broke down and of each other’s expectations moving forward.
In some cases, nevertheless, mediation does not work, and grandparents can then look at making an application to court for a child-arrangements order. Courts always have the child’s benefits at heart therefore will require grandparents to show that they did have a meaningful relationship with the grandchild before contact was lost and that re-establishing it will benefit the grandchild and will not have a harmful result on the broader family. Grandparents will also need to show that mediation has been tried prior to applying to court, or that there was a particular factor that it wasn’t.
If you are a grandparent who has lost contact with your grandchildren, for whatever factor, contact our mediation professionals now. We can discuss your own situation and recommend whether we feel that mediation can help you and your family.
One of the sad, and typically unexpected, concerns when a relationship breaks down, is the suffering that kids experience when they lose contact with grandparents, and that grandparents can go through when they find they are no longer part of their grandchildren’s lives. In some cases, however, mediation doesn’t work, and grandparents can then look at making an application to court for a child-arrangements order. Courts constantly have the child’s finest interests at heart and so will require grandparents to reveal that they did have a significant relationship with the grandchild before contact was lost and that re-establishing it will benefit the grandchild and will not have a destructive result on the broader family. Grandparents will also require to show that mediation has been attempted prior to using to court, or that there was a specific factor that it wasn’t.
Mediation is a structured, interactive process where an impartial third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a “party-centered” process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms (“reality-testing”), while refraining from providing prescriptive advice to the parties (e.g., “You should do…”).
Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community, and family matters.
The term mediation broadly refers to any instance in which a third party helps others reach an agreement. More specifically, mediation has a structure, timetable, and dynamics that “ordinary” negotiation lacks. The process is private and confidential, possibly enforced by law. Participation is typically voluntary. The mediator acts as a neutral third party and facilitates rather than directs the process. Mediation is becoming a more peaceful and internationally accepted solution to end the conflict. Mediation can be used to resolve disputes of any magnitude.
The term mediation, however, due to language as well as national legal standards and regulations is not identical in content in all countries but rather has specific connotations, and there are some differences between Anglo-Saxon definitions and other countries, especially countries with a civil, statutory law tradition.
Mediators use various techniques to open, or improve, dialogue and empathy between disputants, aiming to help the parties reach an agreement. Much depends on the mediator’s skill and training. As the practice gained popularity, training programs, certifications, and licensing followed, which produced trained and professional mediators committed to the discipline.
