family law

Litigation vs. Mediation - “Child’s Play” for Understanding Your Options

Parents are more familiar with the mediation process than they may realize. In fact, parents often mediate disputes between their children - they just don’t know that is what they are doing. On the other hand, litigation - the default process in family proceedings - is more foreign in concept, as it relates to family dynamics. The following hypothetical is designed to illustrate the difference between litigation and mediation by applying both processes to a common parenting scenario.

Mandatory Mediation: A Comparative Review of How Legislatures in California and Ontario are Mandating the Peacemaking Process In Their Adversarial Systems

Mediation is a process in which a third party neutral intervenes in a dispute to assist the parties in reaching a mutually acceptable resolution.  At its purest, mediation is a voluntary,private and informal process. However, as a modern practice of mediation has developed in North America, lawmakers have taken notice of this alternative method of resolving disputes, and have incorporated mediation into traditional litigation procedure.  In fact, mediation has become a precondition to a formal hearing in some traditional legal systems, such as the respective mandatory mediation programs instituted in California, United States and Ontario, Canada.