Throughout mediation an independent, expertly experienced conciliator helps you and your ex-partner exercise a contract about concerns such as:
arrangements for children after you separate (often called residence or contact);.
- kid upkeep payments.
- finances (for example, what to do with your home, savings, pension, financial obligations)
Is mediation right for your divorce?
Mediation is significantly the most popular choice for fixing the concerns surrounding divorce and relationship breakdown. Family courts favour mediation as an option to court action for divorcing couples and, most of the times, you will require to show that you have at least considered mediation before being permitted to take your divorce through the courts.
While mediation is suitable for most divorces, we value that some people are not sure about how the procedure works, the advantages it uses and whether mediation is really suitable for their situation. We aim to address some of these standard concerns, so you can have more confidence about choosing mediation for your divorce.
How mediation for divorce works
Mediation is the process of you and your partner conference with an experienced, neutral arbitrator to discuss the information of your divorce and concur a financial settlement, arrangements for your children and anything else that requires to be figured out.
Most divorcing couples have around 3 sessions of mediation, although this will depend on your circumstances and how much development you are able to make in each session. Any contract you reach throughout mediation will be voluntary, however you can obtain an Authorization Order from a court to make the arrangement lawfully binding.
A family court will usually require you to go to a Mediation Information and Assessment Fulfilling (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 several crucial benefits to utilizing mediation for your divorce that have contributed to its growing popularity.
Speed – Because you do not require to wait for a court date, it is typically much faster to get divorced using mediation than by litigating. By getting you and your ex-partner in one place, it can likewise accelerate interactions between you.
Cost – Mediation is generally much cheaper that court action because of the lower legal fees included.
Preventing conflict – The mediator’s job is to guide you to agreeing a solution while diffusing any potential for conflict. This not just makes the procedure of getting divorce more amicable, but can likewise allow you to maintain a better relationship with your ex. This can be extremely beneficial, especially if you have kids together.
Control – Mediation enables you to keep control of your divorce, rather than leaving the final decision in the hands of a judge.
Privacy – When you go to court, the proceedings are held in public, indicating the details of your divorce, consisting of any financial settlement will be made public. Mediation enables you to keep your divorce private, indicating the details will only be known to your and your partner.
Should you use mediation for your divorce?
Mediation is typically suitable for the large majority of divorce cases. Nevertheless, if the relationship between you and your spouse is particularly acrimonious, it may be challenging to keep the procedure efficient. Mediation may also not appropriate in cases where there has been domestic abuse and a court will generally permit you to avoid the requirement to think about mediation where this is the case.
If there are particularly intricate issues to resolve, such as a service you own together, it might deserve 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 concur a mutually acceptable service while minimising dispute, but suggests you each have your own legal representative to help unpick any complex problems and ensure your interests remain safeguarded at all times.
Solent Family Mediation divorce solicitors in London and the South East have many years of experience assisting people to get divorced quickly, cost-effectively and with minimal dispute using mediation and other non-confrontational methods. With a useful however delicate approach, we aim to make getting divorced as straightforward as possible.
To discover more about mediation for divorce, call us now on 0238 161 1051 or use the enquiry form listed below and we will get back to you quickly.
This not just makes the process of getting divorce more amicable, however can also enable you to preserve a better relationship with your ex. Mediation is generally suitable for the huge majority of divorce cases. Mediation might also not be suitable in cases where there has been domestic abuse and a court will usually allow you to skip the requirement to think about mediation where this is the case.
This includes you and your partner meeting to negotiate the terms of your divorce, each of you supported by your own attorney trained in collective law. The goal is still to agree an equally acceptable solution while reducing conflict, however indicates you each have your own legal agent to help unpick any intricate concerns and ensure your interests stay protected at all times.
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