When members of the same family have legal disputes between them, the law mandates that they go through a mediation proceeding first before undergoing an actual trial or hearing. Under our jurisdiction, the law places a premium on the harmonious and peaceful relationship of family members. This is the primary reason why mediation is mandatory in order to protect the interests of the family. It is resorted to for the purpose of giving the parties an opportunity to settle the disputes without being exposed to the public.
In mediation proceedings, the parties try to negotiate their respective claims and come up with the best compromise that is beneficial to both of them. Among the cases that may be subjected to this type of proceedings is custody and parenting child support, alimony, property division or paying expenses that are usually between divorcing couple. The expertise of a mediator is necessary in order to effectively and efficiently carry out the purpose for which mediation proceedings are required by law. The said professional must receive the proper remuneration for his services in acting as mediator between the parties.
The court will order the payment of the mediator’s fees. The non-compliance to said order would place the erring party in contempt. In such case, the non-complying party will be asked to explain why he or she did not comply with the order of the court. Thereafter, an order of contempt for non-payment of mediator’s fees will be issued. In the said document, the presiding judge makes findings of facts. The order for the payment of the mediator’s fees remain in force because they are still unpaid by the party held liable.
Aside from the findings of facts, the order also contains the conclusions of law wherein the name of the liable party, his or her address and the unpaid amount are indicated. The order must be named and personally signed by the presiding judge. Otherwise, it shall not be enforceable against any party.
If you are going to undertake a mediation proceeding, make sure that you pay the mediator’s fees on time. Do not wait for an order of contempt from the court. In order to avoid this situation, it is imperative that you choose a competent lawyer who will assist you in the process. At the same time, it is also advisable that you be in constant communication with your legal counsel so you can easily get updates about your case and the mediation process.
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