During mediation an independent, expertly experienced mediator helps you and your ex-partner work out an arrangement about issues such as:
plans for children after you separate (sometimes called home or contact);.
- child upkeep payments.
- financial resources (for example, what to do with your house, savings, pension, financial obligations)
Is mediation right for your divorce?
Mediation is increasingly the most popular option for fixing the concerns surrounding divorce and relationship breakdown. Family courts favour mediation as an option to court action for divorcing couples and, for the most part, you will require to demonstrate that you have at least considered mediation before being allowed to take your divorce through the courts.
While mediation is suitable for a lot of divorces, we value that some people are unsure about how the procedure works, the advantages it provides and whether mediation is actually suitable for their circumstance. We aim to answer a few of these basic concerns, so you can have more confidence about choosing 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 go over the details of your divorce and agree a monetary settlement, plans for your children and anything else that needs to be sorted out.
The majority of separating couples have around three sessions of mediation, although this will depend upon your situations and how much development you are able to make in each session. Any arrangement you reach during mediation will be voluntary, however you can apply for an Authorization Order from a court to make the arrangement legally binding.
A family court will generally require you to attend a Mediation Information and Evaluation Satisfying (MIAM) to see if mediation could be best for you as part of the process of getting divorced.
Benefits of mediation for divorce
There are a number of essential advantages to utilizing mediation for your divorce that have contributed to its growing appeal.
Speed – Since you do not require to wait on a court date, it is usually much faster to get divorced using mediation than by litigating. By getting you and your ex-partner in one location, it can likewise accelerate communications between you.
Cost – Mediation is usually much cheaper that court action because of the lower legal costs included.
Preventing dispute – The arbitrator’s job is to guide you to agreeing an option while diffusing any capacity for conflict. This not only makes the procedure of getting divorce more friendly, but can likewise permit you to keep a better relationship with your ex. This can be extremely beneficial, especially if you have children together.
Control – Mediation allows you to keep control of your divorce, instead of leaving the decision in the hands of a judge.
Privacy – When you litigate, the proceedings are held in public, meaning the information of your divorce, including any financial settlement will be revealed. Mediation permits you to keep your divorce personal, meaning the information will only be understood to your and your spouse.
Should you use mediation for your divorce?
Mediation is generally appropriate for the vast majority of divorce cases. Nevertheless, if the relationship between you and your partner is especially acrimonious, it might be hard to keep the process productive. Mediation may likewise not be suitable in cases where there has been domestic abuse and a court will usually allow you to avoid the requirement to consider mediation where this holds true.
If there are particularly complex concerns to deal with, such as a company you own together, it may deserve thinking about collaborative law rather. This involves you and your partner meeting to negotiate the terms of your divorce, each of you supported by your own legal representative trained in collaborative law. The goal is still to concur an equally appropriate solution while reducing conflict, but implies you each have your own legal representative to assist unpick any complex issues and ensure your interests remain protected at all times.
Solent Family Mediation divorce solicitors in London and the South East have several years of experience helping people to get separated quickly, cost-effectively and with very little dispute utilizing mediation and other non-confrontational approaches. With a useful however sensitive technique, we intend to make getting divorced as uncomplicated as possible.
To find out more about mediation for divorce, call us now on 0238 161 1051 or use the enquiry type below and we will get back to you promptly.
This not only makes the procedure of getting divorce more amicable, however can also enable you to maintain a much better relationship with your ex. Mediation is generally suitable for the huge majority of divorce cases. Mediation may also not be suitable in cases where there has actually been domestic abuse and a court will generally enable you to skip the requirement to consider mediation where this is the case.
This involves you and your spouse conference to work out the terms of your divorce, each of you supported by your own lawyer trained in collaborative law. The goal is still to agree a mutually appropriate solution while reducing dispute, but suggests you each have your own legal agent to assist unpick any complex issues and guarantee your interests stay secured at all times.
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