How long does it take to get a settlement after mediation?

By Solent Family Mediation |
February 22, 2021

How long does it take to get an agreement after mediation?

There are points at which we believe settlement is most likely to occur. Typically, the pressure points correspond to times when the parties must advance the case and pay legal expenditures, such as when the time comes to prepare witness statements.

Avoiding litigation by use of mediation

The British legal system is geared to foster out-of-court settlements. If an agreement cannot be reached through direct negotiation, it can often be reached through mediation. Numerous individuals are unaware that it is an effective alternative to litigation and resolves disputes in a vast majority of instances.

Some benefits of mediation

The essential concept is that a neutral third party mediates:

  • Each party appreciates the other’s perspective.
  • By proposing settlement alternatives that the parties may not have considered,
  • In negotiating a settlement agreement.
  • Mediation is gaining popularity as a means of resolving disputes because
  • Mediation is faster and less expensive than legal proceedings;
  • The parties are in charge of the decision and the resolution’s conditions.
  • In contrast to a judicial hearing or arbitration, parties are not compelled to reach a conclusion.
  • All conclusions obtained through mediation must be reached by consensus.
  • A neutral third person facilitates communication between the two parties;
  • The method of mediation is flexible, sensitive, and adaptable;
  • The economic and technical objectives and interests of the customer can be realised through mediation.

Even if the process is unsuccessful, the parties will likely have gained from the opportunity to hear each other’s perspectives, which narrows the disputed topics.

Mediation

Divorce mediation is a neutral third party helping the divorced couple come to terms on all issues related to the divorce. The mediator need not be an attorney, but must have extensive knowledge of divorce and family law. Furthermore, it is essential that the mediator not take sides or advocate for any party. During the process and before signing any divorce settlement agreement, both parties should consult with their own attorneys.

What is the definition of family mediation?

It must be performed by a mediator with the appropriate training and credentials. They must have completed a recognised training programme and a minimum number of sessions. To assist their clients, they should be accustomed to working alongside family solicitors and accepting referrals from family law firms.

The mediator may provide legal facts, but cannot provide legal advice regarding what you can or should do. A mediation agreement is not legally binding until a family attorney has drafted it as a formal agreement.

How does Family Mediation work?

Typically, it requires both parties to attend a series of meetings. it has developed over the past two years to accommodate the effects of Covid-19, and an increasing number of mediators are giving meetings via Zoom or other remote platforms. This has made the process more accessible to separated couples who no longer reside in close proximity.

Following the dissolution of a relationship, family mediators are educated to help couples explore the specific difficulties they need to settle. This may include handling financial concerns, organising the family home, and making plans for the children. Parties can discuss a variety of outcomes in meetings without fear of being held accountable.

Most couples require between two and four mediation sessions. Even with the transition to a no-fault divorce, it will still take roughly six months to obtain a divorce, allowing plenty of time for financial and child-related issues to be resolved prior to the divorce.

What occurs once an agreement is achieved through mediation?

If a couple reaches an agreement, they can return to their respective attorneys to formalise it so that a document can be submitted to court to become legally enforceable. In the case of child-related issues, it may be necessary to create a Parenting Plan.

What occurs if no agreement can be reached?

Mediation is not the only method for settling family law problems. Frequently, with the assistance of a family law attorney, you will be able to negotiate a solution that is mutually acceptable, whether it involves the care of your children or the terms of a divorce settlement. If this is not possible, you may feel the need for a third party to make a decision on your behalf, either through arbitration or the judicial system.

Call Solent Family Mediation for more information –  0238 161 1051