During mediation an independent, expertly experienced arbitrator helps you and your ex-partner work out an arrangement about problems such as:
plans for children after you separate (in some cases called residence or contact);.
- kid maintenance payments.
- financial resources (for instance, what to do with your home, cost savings, pension, financial obligations)
Is mediation right for your divorce?
Mediation is increasingly the most popular choice for dealing with the problems surrounding divorce and relationship breakdown. Family courts favour mediation as an option to court action for divorcing couples and, in most cases, you will require to show that you have at least thought about mediation prior to being enabled to take your divorce through the courts.
While mediation appropriates for many divorces, we appreciate that some individuals are unsure about how the process works, the advantages it uses and whether mediation is truly suitable for their situation. We intend to address a few of these standard questions, so you can have more self-confidence about selecting mediation for your divorce.
How mediation for divorce works
Mediation is the procedure of you and your spouse meeting with a qualified, neutral mediator to discuss the information of your divorce and agree a financial settlement, arrangements for your kids and anything else that needs to be sorted out.
Many divorcing couples have around three sessions of mediation, although this will depend on your scenarios and just how much progress you have the ability to make in each session. Any contract you reach throughout mediation will be voluntary, however you can make an application for a Consent Order from a court to make the agreement legally binding.
A family court will normally need you to participate in a Mediation Information and Evaluation Meeting (MIAM) to see if mediation could be ideal for you as part of the process of getting divorced.
Benefits of mediation for divorce
There are numerous essential advantages to utilizing mediation for your divorce that have actually added to its growing popularity.
Speed – Due to the fact that you do not need to await a court date, it is typically much faster to get divorced using mediation than by going to court. By getting you and your ex-partner in one place, it can also speed up interactions between you.
Due to the fact that of the lower legal fees included, cost – Mediation is typically much less costly that court action.
Avoiding dispute – The arbitrator’s task is to assist you to concurring an option while diffusing any potential for dispute. This not just makes the procedure of getting divorce more friendly, however can also allow you to preserve a better relationship with your ex. This can be extremely beneficial, particularly if you have children together.
Control – Mediation allows you to keep control of your divorce, rather than leaving the decision in the hands of a judge.
Personal privacy – When you go to court, the proceedings are held in public, implying the information of your divorce, including any monetary settlement will be revealed. Mediation enables you to keep your divorce private, implying the details will only be understood to your and your spouse.
Should you use mediation for your divorce?
Mediation is generally suitable for the huge bulk of divorce cases. Nevertheless, if the relationship in between you and your spouse is especially acrimonious, it may be tough to keep the procedure efficient. Mediation may likewise not appropriate in cases where there has been domestic abuse and a court will usually enable you to avoid the requirement to think about mediation where this is the case.
If there are particularly complex issues to solve, such as a company you own together, it might be worth considering collaborative law rather. This includes you and your partner meeting to work out the terms of your divorce, each of you supported by your own lawyer trained in collective law. The goal is still to agree a mutually acceptable solution while reducing conflict, however suggests you each have your own legal agent to help unpick any complex issues and ensure your interests remain secured at all times.
Solent Family Mediation divorce lawyers in London and the South East have many years of experience assisting individuals to get separated quickly, cost-effectively and with minimal conflict using mediation and other non-confrontational approaches. With a practical however sensitive approach, we intend to make getting separated as uncomplicated as possible.
To find out more about mediation for divorce, call us now on 0238 161 1051 or use the query type listed below and we will return to you immediately.
This not only makes the procedure of getting divorce more amicable, however can likewise enable you to keep a better relationship with your ex. Mediation is usually ideal for the vast majority of divorce cases. Mediation may also not be appropriate in cases where there has actually been domestic abuse and a court will typically allow you to avoid the requirement to consider mediation where this is the case.
This involves you and your spouse meeting to negotiate the terms of your divorce, each of you supported by your own attorney trained in collaborative law. The goal is still to concur an equally acceptable option while minimising conflict, but means you each have your own legal agent to assist unpick any complex concerns and guarantee your interests remain secured at all times.
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