Mediation solicitors can help alleviate the stress of the divorce process. Divorce can be an emotionally taxing experience, compounded by the difficult decisions that need to be made regarding finances and childcare. Many individuals going through a divorce prefer to avoid the often costly and time-consuming process of going to court to settle financial matters and child arrangements.
Mediation is designed to assist couples in reaching agreements on these critical issues outside of the courtroom, with the guidance of mediation solicitors. Despite the conciliatory nature of mediation, it is advisable to seek independent legal advice from mediation solicitors specialising in divorce law. Mediation solicitors can provide valuable advice before you begin mediation, ensuring you are fully prepared for the process.
What is mediation?
In essence, mediation involves you and your spouse meeting with a mediator to reach an agreement about important issues such as finances and children when going through a divorce.
What is the purpose of the mediator?
The mediator is a neutral third party whose role is to facilitate negotiations between you and your spouse. They remain impartial and do not take sides.
Their primary objective is to assist in reaching a mutually agreeable resolution for both parties. While they can provide information about the law and legal processes, they do not provide legal advice.
It’s important to note that mediators are not marriage counsellors, and their role is not to reconcile differences between you and your spouse with the aim of reuniting you.
What are the advantages of mediation?
One of the key benefits of the mediation process is that it promotes collaboration between couples to reach solutions together, rather than engaging in adversarial court proceedings.
While mediation may be challenging at times, it often leads to quicker agreements and is significantly more cost-effective compared to prolonged court battles.
How long does mediation take?
The number of sessions required depends on the complexity of your issues and how quickly you are able to resolve them.
Typically, each session lasts about one to two hours. Some couples may reach an agreement in just one meeting, while others may require several sessions to achieve resolution.
Can I get help to pay for mediation?
Mediation is typically more cost-effective compared to traditional legal methods like solicitor-to-solicitor negotiation or collaborative law, as mediators often charge lower hourly rates than solicitors.
You may qualify for legal aid to assist with mediation costs. Visit the government website to learn more about legal aid eligibility criteria and see whether you qualify.
Will I need a solicitor as well?
It’s crucial for both you and your spouse to seek independent legal advice in conjunction with mediation. You can consult our experienced mediation solicitors for guidance.
If you qualify for Legal Aid, you may be eligible for a free legal advice session before starting mediation.
What happens next?
If you and your spouse reach an agreement during mediation, the mediator will draft a Memorandum of Understanding for you to bring to your solicitor. This document can then be used to create a legally binding court order based on your agreement.
It’s important to note that in certain situations, such as those involving international elements in a divorce, mediation may not be suitable and immediate court proceedings may be necessary.
Interested in learning more about mediation? Contact us to speak with one of our experienced solicitors.
The breakup of a relationship can be an emotionally and mentally taxing experience for everyone involved. Questions about living arrangements, child custody, and financial stability can exacerbate stress during this challenging time.
Last week, a television crew followed mediators in a documentary, capturing their work with couples navigating through these difficult questions. It was both fascinating and, at times, poignant to watch.
What exactly is mediation?
Mediation is a collaborative process involving you, your spouse, and a mediator to address divorce-related issues such as finances and children with the goal of reaching an agreement. The mediator acts as a neutral facilitator, assisting with negotiations.
It’s important to clarify that a mediator’s role is not to provide marriage guidance or counselling. Their primary objective is to help you and your spouse reach agreements regarding financial matters or child arrangements within the divorce. Mediators are not marriage counsellors and do not aim to reconcile differences or facilitate getting back together.
Does a mediator replace a solicitor?
While mediators can provide information about the law and legal procedures, they are not authorised to offer legal advice. It’s highly recommended to engage a solicitor who can provide tailored legal advice specific to your case.
Is there a set number of sessions?
The number of mediation sessions you and your spouse will need depends on the number of issues you wish to discuss and how efficiently you can reach agreements.
Will we need to go to court?
If you are unable to reach an agreement with your spouse through mediation, you may need to resort to court proceedings for a judge to make decisions on your settlement and any unresolved child arrangements. However, there are alternative options to consider before pursuing court, such as collaborative law or solicitor-led negotiations.
If you do reach an agreement with your spouse during mediation, the mediation process will conclude, and the mediator will prepare a Memorandum of Understanding for you to bring to your solicitor. Your solicitor may then advise you to take the memorandum to court to formalise it into a legally binding court order.
Do we have to go to mediation before we go to court?
Not everyone may find mediation suitable; however, most individuals are typically required to attend a Mediation Information and Assessment Meeting (MIAM) before proceeding to court. The purpose of this meeting is to provide you and your spouse with information about mediation and its potential benefits.
There are exceptions where this meeting may not be necessary, such as in cases involving international divorce proceedings that require immediate court action.
Mediation offers couples an opportunity to reach collaborative agreements on finances and childcare. Making decisions together through mediation can be beneficial for future relationships, particularly when children are involved.
How can our expert mediation solicitors help you with mediation?
Our skilled mediation solicitors can assist with various legal matters, including:
- Prenuptial agreements
- Cohabitation agreements
- Post civil partnership agreements
- Divorce
- Domestic violence and harassment
- Child maintenance
- Child contact arrangements
- Divorce financial provisions
Contact our expert mediation solicitors to see how we can help
For additional information on the divorce process, please contact our experienced mediation solicitors at 01625 460281 or email us at [email protected]
Our mediation solicitors provide a nationwide service.
