MEDIATION AND FAMILY CONFLICTS
- The ADR Society, UNILAG.
- Nov 1, 2022
- 4 min read
JONATHAN GOODLUCK
ABSTRACT

A family is a group of people related by blood marriage or adoption. A conflict is always a possibility where more than one person is involved in a decision-making process or just merely living together. What happens when there is a conflict between family members, in a nuclear or extended capacity? What role does mediation play in resolving family conflicts? This article seeks to discuss mediation as an ADR process in family conflicts.
1.0. INTRODUCTION
The family is the primary unit of socialisation. The importance of a family cannot be overemphasized because it is how the entire world came to be. We already know that conflicts tend to exist in every area of life. In the family, conflicts also exist because as much as these individuals are related by blood, marriage or adoption, they still have unique characteristics that are different from another sibling, uncle, Grandmother, sister etc.
2.0. FAMILY CONFLICTS
Conflicts can be major or minor. However, because of the legal and professional nature of mediation as an Alternative Dispute Resolution process, trivial conflicts like remote control fights cannot be brought to resolution before a professional mediator.
Family conflicts in mediation deal with matters such as;
● Child protection, guardianship or care in cases of separating families,
● Dividing properties,
● Alimony,
● Family businesses,
● Family budget,
● Care of the elderly/grandparent,
● Other related family matters.
Some mediators employed by the court system in some states/countries however do not handle financial issues in family conflicts and leave that to the court to handle. Delicate issues such as abuse, in mediation, are dealt with importance by ensuring the safety of the affected parties to ensure an agreement is reached under decent conditions.
3.0. MEDIATION AND THE FAMILY UNIT

Mediation is an ADR process that involves a neutral third party known as the "mediator". Characteristics of mediation include confidentiality, voluntariness, Informality (in some cases), etc. Mediation would be considered the best form of the dispute resolution process for family conflicts because of the room it gives for affected parties to express their grievances and reach a proper settlement.
Family mediation is a process by which family members in conflict are guided in communicating with one another on how to make decisions about resolving their dispute. Family mediation is used typically before or after separation or divorce, or as a resolve for better co-existence as a family.
The mediator acts in their capacity to ensure that the involved parties communicate clearly what is important to reach the cause of the conflict and resolve the dispute. As informal as a meditation session is, the family mediation session is also confidential.
The mediator guides the family in;
● Identifying issues and discussing each one at a time,
● Discussing solutions brought up or suggested,
● Coming to an agreement suitable for both parties concerning the case at hand,
● Drafting, reviewing and preparing the agreement for signing.
In some cases, a mediator may first meet with both parties (and their lawyers) and then meet with each side confidentially, going back and forth between the parties until an agreement is reached. This is called "caucusing". In single caucuses, the mediator meets with one party at a time. In joint caucuses the mediator(s) works with all sides to the dispute present in the same session. The majority of family disputes have two sides. Recently, it was documented that modern-day family mediation is divided into two main fields: mediation and co-mediation. In the former of the two fields, a single mediator works with the family in dispute. In the latter of the two fields, two or more mediators work with a family in dispute.
3.1. Results of the Family Mediation and Enforcement
The mediator assists the parties in reaching an agreement. When an agreement is reached, the mediator will usually draw up an agreement that the parties sign. The agreement may then be presented to the court for its approval. According to the guiding law of the state/country, the mediator may draw up a memorandum of agreement in cases where the mediation involved financial and support issues. After this, the parties take the memorandum to their lawyers, who complete the papers required for court approval. If the mediator is a private party and an attorney, he or she may prepare the necessary legal paperwork to effectuate the agreement. They will then be able to submit the paperwork to the court to formalise the agreement with the court without either of the parties going to the courthouse.
By the ordinary practice of Alternative Dispute Resolution, where the dispute is not settled in mediation, the case then proceeds to trial before a judge. If the parties reached an agreement in mediation but could not agree on the form of the paperwork to be submitted to the court for signature, the mediator may be called to court to testify about the terms of the agreement that were reached so the court can then enforce the mediated agreement.
4.0. FAMILY DISPUTE RESOLUTION
Alternative Dispute Resolution has many laws backing its application and enforcement. For family conflicts, the Family Law Act 1975 requires separating families with disputes about children to make an effort to sort it out through the special family mediation process known as "family dispute resolution" (FDR).
The Act requires them to take part in FDR before applying to the court unless in cases of child abuse, domestic violence or urgency. FDR uses a neutral and accredited Family Dispute Resolution practitioner.
Under Australian family law, separated parents must attempt Family Dispute Resolution before applying to a family law court for parenting orders.
5.0. CONCLUSION
The family-mediation system focuses on providing a dispute-resolution mechanism to families who are in dispute. Family mediation, just like mediation, encourages the parties to provide solutions to problems and focus on the future. It is a progressive and helpful system that allows family members the chance to repair their relationship and air out their differences.
The process of mediation allows the families to look for solutions to disputes and reach agreements that are in their best interest.
REFERENCES
1. Family Relationships Online, “Family Mediation and Dispute Resolution ( 28 January 2022), available at: https://www.familyrelationships.gov.au/separation/family-mediation-dispute-resolution (accessed 29 September 2022).
2. Academy of Professional Family Mediators (APFM), “FAQ'S about Family Mediation”, available at: https://apfmnet.org/frequently-asked-questions-about-family-mediation/ (accessed 30 September 2022).
3. Agada Elachi & Chukwuemeka B.Eze, “The Practice and Coordination of Mediation and Comciliation in Nigeria”, (Acena Publishers: Enugu 2019), Ch 3, p. 49.
4. Oregon State Bar, “Mediation of Family Law Cases”, available at: https://www.osbar.org/public/legalinfo/1218_MediationFamLaw.htm (accessed 30 September 2022).
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