If you are at the point of separation, or you are already separated or divorced, mediation may assist you focus on the future.
Is mediation right for your divorce?
Mediation is progressively the most popular alternative for resolving the issues surrounding divorce and relationship breakdown. Family courts favour mediation as an option to court action for separating couples and, in many cases, you will require to show that you have at least considered mediation before being enabled to take your divorce through the courts.
While mediation is suitable for most divorces, we appreciate that some individuals are unsure about how the procedure works, the advantages it provides and whether mediation is truly proper for their scenario. We aim to address a few of these fundamental 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 partner meeting with an experienced, neutral arbitrator to discuss the information of your divorce and concur a monetary settlement, plans for your children and anything else that needs to be sorted out.
Most divorcing couples have around three sessions of mediation, although this will depend upon your circumstances and how much development you are able to make in each session. Any contract you reach during mediation will be voluntary, but you can request a Consent Order from a court to make the contract lawfully binding.
A family court will generally require you to participate in a Mediation Information and Evaluation Meeting (MIAM) to see if mediation could be right for you as part of the process of getting divorced.
Advantages of mediation for divorce
There are numerous key advantages to using mediation for your divorce that have added to its growing popularity.
Speed – Because you do not need to wait on a court date, it is generally much faster to get separated utilizing mediation than by litigating. By getting you and your ex-partner in one location, it can also accelerate interactions between you.
Expense – Mediation is usually much less expensive that court action because of the lower legal costs involved.
Avoiding conflict – The conciliator’s task is to direct you to agreeing a service while diffusing any potential for dispute. This not just makes the procedure of getting divorce more friendly, but can also enable you to preserve a much better relationship with your ex. This can be highly advantageous, 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 litigate, the proceedings are kept in public, implying the information of your divorce, consisting of any monetary settlement will be made public. Mediation allows you to keep your divorce private, suggesting the information will only be understood to your and your partner.
Should you use mediation for your divorce?
Mediation is generally ideal for the large majority of divorce cases. If the relationship in between you and your spouse is especially acrimonious, it might be hard to keep the process efficient. Mediation might also not be suitable in cases where there has been domestic abuse and a court will generally enable you to avoid the requirement to think about mediation where this is the case.
If there are particularly intricate issues to solve, such as an organization you own together, it may be worth thinking about collective law rather. This includes you and your spouse conference to negotiate the terms of your divorce, each of you supported by your own lawyer trained in collaborative law. The aim is still to agree an equally acceptable service while minimising dispute, however suggests you each have your own legal agent to assist unpick any complex concerns and ensure your interests stay protected at all times.
Solent Family Mediation divorce lawyers in London and the South East have many years of experience assisting people to get separated quickly, cost-effectively and with minimal dispute using mediation and other non-confrontational approaches. With a delicate however practical technique, we intend to make getting separated as uncomplicated as possible.
To discover more about mediation for divorce, call us now on 0238 161 1051 or utilize the enquiry kind below and we will return to you quickly.
This not only makes the process of getting divorce more amicable, however can also enable you to maintain a much better relationship with your ex. Mediation is typically ideal for the vast bulk of divorce cases. Mediation may also not be appropriate in cases where there has actually been domestic abuse and a court will normally enable you to skip the requirement to think about 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 lawyer trained in collaborative law. The aim is still to agree a mutually appropriate option while minimising conflict, however means you each have your own legal representative to help unpick any complicated issues and guarantee your interests remain safeguarded at all times.
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