Does the mediator report to the judge? – 2021

By Solent Family Mediation |
October 6, 2021

Everything spoken by the parties during the mediation is kept strictly confidential. This means that neither the parties to the mediation nor the mediator will be permitted to testify before the judge regarding what was stated during the hearing.

Is mediation right for your divorce?

mediator

Mediation is increasingly the most popular option for solving the problems surrounding divorce and relationship breakdown. Court systems encourage mediation as an alternative to court action for divorcing spouses, and you will typically be required to demonstrate that you have at least considered mediation prior to filing for divorce in court.

While mediation is acceptable for the vast majority of divorces, we recognise that some individuals may be uncertain about how the process works, the benefits it offers, and if speaking to a mediator is suitable for their specific situation. We hope to answer a few of these fundamental questions so that you feel more confident in selecting mediation for your divorce.

How mediation for divorce works

Mediation is the procedure of you and your spouse conference with a trained, neutral mediator to discuss the information of your divorce and agree a financial settlement, arrangements for your children and anything else that requires to be sorted out.

The average number of mediation sessions for divorcing couples is three, although this can vary depending on your circumstances and the amount of progress you can achieve in each session. Any agreement you achieve through mediation will be voluntary, but you can seek a court’s Approval Order to make the contract legally enforceable. The Mediator will explain this all to you.

A family court will usually require you to attend a Mediation Details and Assessment Meeting (MIAM) to see if mediation could be best for you as part of the process of getting divorced. Solent Family Mediation – Our mediators can talk you through the process of a MIAM

Advantages of mediation for divorce

Numerous significant advantages of using divorce mediation have contributed to its rising popularity.

Speed – Due to the fact that you do not require to wait on a court date, it is generally much faster to get divorced utilizing mediation than by litigating. By getting you and your ex-partner in one location, it can also accelerate interactions between you.

Because of the lower legal costs included, expense – Seeing a mediator is typically much less costly that court action.

Avoiding conflict – The conciliator’s task is to assist you to agreeing a service while diffusing any potential for dispute. This not just makes the process of getting divorce more friendly, however can also permit you to maintain a much better relationship with your ex. This can be highly advantageous, particularly if you have kids together.

Control – Mediation permits you to keep control of your divorce, rather than leaving the decision in the hands of a judge.

Privacy – When you go to court, the proceedings are held in public, meaning the details of your divorce, consisting of any monetary settlement will be made public. Mediation enables you to keep your divorce private, suggesting the details will only be known to your and your partner.

Should you use mediation for your divorce?

Typically, a mediator is ideal for the vast majority of divorce cases. However, if your relationship with your spouse is extremely antagonistic, it may be challenging to maintain the process efficient. Seeing a mediator may also be inappropriate in circumstances involving domestic violence, and a court will typically enable you to bypass the mediation requirement if this is the case.

If there are particularly complex issues to resolve, such as co-ownership of a business, collaborative law may be preferable. This involves you and your spouse meeting with your respective collaboratively educated attorneys to negotiate the terms of your divorce. The objective is still to reach a mutually agreeable solution while minimising conflict; however, you will each have your own legal counsel to assist in unravelling any complex issues and ensuring your interests are protected at all times.

Solent Family Mediation divorce solicitors in London and the South East have many years of experience helping individuals to get separated quickly, cost-effectively and with minimal dispute utilizing mediation and other non-confrontational approaches. With a tactful yet pragmatic approach, we intend to make the divorce process as simple as possible.

To learn 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 quickly.

This not only makes the procedure of getting divorce more friendly, however can likewise permit you to maintain a better relationship with your ex. Mediation is typically ideal for the huge bulk of divorce cases. Mediation may likewise not be appropriate in cases where there has actually been domestic abuse and a court will usually permit you to skip the requirement to think about mediation where this is the case.

This involves you and your spouse meeting with your respective attorneys experienced in collaborative law to negotiate the conditions of your divorce.. The objective is still to agree a mutually appropriate solution while reducing conflict, however indicates you each have your own legal representative to assist unpick any complex concerns and ensure your interests remain safeguarded at all times.