A family consists of important people in our lives. However, there comes a time when disagreements surface, ranging from small squabbles to more complex issues like child custody, asset division, and inheritance. Solving such disputes is always stressful as disputants may not know the best option.
When it comes to settling family disagreements, the two common routes disputants take are mediation or a court resolution. Each of these options has its advantages and setbacks. Whichever the choice, the resolution is always done according to state and federal family laws to protect the rights of every party involved.
For example, family law concerns in Illinois cover prenuptial and post-nuptial agreements, divorce, legal separation, and domestic partnerships, among others. Therefore, the resolution you choose should be in line with the laws that govern these circumstances.
Read on as this article discusses the two family dispute resolution options to help you decide on the right one.
Table of Contents
Mediation
Mediation is an excellent alternative to court resolution when it comes to settling family disagreements. It’s devoid of lengthy court processes; instead, the process uses a mediator who helps both parties reach an agreement through a discussion. One of the biggest benefits of mediation is that it helps re-establish communication between family members.
Mediation is suitable for any family that’s willing to communicate to reach an agreement. It’s less confrontational than arbitration and costs less than court resolution. Moreover, it can be less stressful if there are children involved, as it opens a line of communication between disputants.
Benefits of mediation
Settling any family disagreements through mediation has several benefits, such as the following:
Flexibility
One of the advantages of mediation is its flexibility, allowing both parties to control the pace of the sessions. You can choose the length between the mediation sessions; therefore, you won’t have to wait for months before going into the next, like in courts.
Additionally, the decision reached after mediation can be tailored to suit the specific needs of the family. This is because you’re allowed to set an agenda for what you want to cover, which will include matters that are important to your family. This isn’t easily achieved in court as the judge is tied to the law and may not make similar arrangements.
Privacy
Additionally, mediation offers families the privacy that they may not get in court. This can encourage the disputants to make suggestions they wouldn’t be willing to do while in court. It also encourages them to be open about the options they want to consider. Remember, a mediation is mostly a family affair, and the mediator is the only third party.
Cost and speed
Mediation can be a quicker and cheaper option than court resolutions if an agreement is reached. First, the parties can set the agenda and determine how many sessions they’ll have. The mediator can also stop the mediation if the results aren’t achieved or it’s worsening the situation.
Court resolution
Court resolution isn’t a popular way to solve any family disagreement, but it’s the go-to option in cases where an agreement isn’t reached through mediation. It can be complex and time-consuming, but it can be the only way to reach a legally binding resolution.
To start a court case, you’ll need to file a petition with the family court stating the nature of the dispute and what you want the court to do. The other party will be served with a copy and given an opportunity to respond. During the court sessions, the parties will present their cases to the judge. The judge will then make a ruling on the evidence provided.
Benefits of court resolution
Court resolutions also have several advantages when it comes to settling family disagreements. Some of them include:
It can be fair
Judges make rulings based on the evidence provided. For example, in asset division, they may divide based on each spouse’s contribution. The same case is also applied to marital debt, where loans acquired in cases such as gambling are mostly settled by the partner who incurred it. Such impartial judgments make court resolution a good option.
It can provide a final resolution
In some instances, an agreement can’t be reached through mediation. On the one hand, court resolution can be legally binding and provide a final resolution to the disagreement. While you can appeal the decision by the judge, it can be expensive and time-consuming, too.
Conclusion
Settling a family disagreement is a great step into getting your lives back on track and focusing on the greater good. Therefore, it’s important to look for a resolution that works best for all the parties involved or affected by the disagreement.
Both mediation and court resolution are effective ways to solve family disputes. Equip yourself with the right information and weigh the pros and cons of each route to find an option that works best for you.
