If you are at the point of separation, or you are currently separated or separated, mediation may help you concentrate on the future.
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Is mediation right for your divorce?
Mediation is increasingly the most popular alternative for resolving the concerns surrounding divorce and relationship breakdown. Family courts favour mediation as an option to court action for separating couples and, for the most part, you will need to show that you have at least considered mediation prior to being permitted to take your divorce through the courts.
While mediation is suitable for most divorces, we value that some people are unsure about how the process works, the advantages it uses and whether mediation is actually suitable for their situation. We aim to answer a few of these standard concerns, so you can have more self-confidence about picking mediation for your divorce.
How mediation for divorce works
Mediation is the process of you and your spouse conference with a skilled, neutral mediator to go over the details of your divorce and agree a financial settlement, plans for your kids and anything else that requires to be figured out.
The majority of divorcing couples have around 3 sessions of mediation, although this will depend on your circumstances and just how much progress you are able to make in each session. Any contract you reach throughout mediation will be voluntary, but you can make an application 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 Assessment Meeting (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 key advantages to utilizing mediation for your divorce that have actually contributed to its growing popularity.
Speed – Since you do not require to await a court date, it is generally much faster to get separated utilizing mediation than by going to court. By getting you and your ex-partner in one place, it can also speed up interactions between you.
Cost – Mediation is normally much less expensive that court action because of the lower legal fees involved.
Avoiding dispute – The conciliator’s job is to direct you to concurring a solution while diffusing any potential for dispute. This not just makes the procedure of getting divorce more friendly, however can also permit you to preserve a much better relationship with your ex. This can be extremely advantageous, particularly if you have children together.
Control – Mediation permits you to keep control of your divorce, instead of leaving the final decision in the hands of a judge.
Personal privacy – When you litigate, the proceedings are held in public, meaning the information of your divorce, including any financial settlement will be made public. Mediation enables you to keep your divorce private, implying the details will only be known to your and your spouse.
Should you use mediation for your divorce?
Mediation is generally suitable for the vast bulk of divorce cases. If the relationship between you and your partner is particularly acrimonious, it may be challenging to keep the process productive. Mediation may likewise not appropriate in cases where there has actually been domestic abuse and a court will normally permit you to avoid the requirement to consider mediation where this is the case.
If there are particularly complex problems to deal with, such as a service you own together, it may deserve considering collaborative law instead. 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 aim is still to agree a mutually appropriate option while minimising conflict, but means you each have your own legal representative to assist unpick any intricate problems and ensure your interests stay safeguarded at all times.
Solent Family Mediation divorce solicitors in London and the South East have many years of experience helping people to get divorced quickly, cost-effectively and with minimal conflict using mediation and other non-confrontational methods. With a practical but delicate method, we intend 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 return to you immediately.
This not only makes the process of getting divorce more friendly, but can also enable you to maintain a better relationship with your ex. Mediation is usually appropriate for the large majority of divorce cases. Mediation may also not be appropriate in cases where there has been domestic abuse and a court will normally permit you to avoid the requirement to consider mediation where this is the case.
This involves you and your spouse conference to negotiate the terms of your divorce, each of you supported by your own legal representative trained in collective law. The objective is still to concur an equally acceptable option while minimising conflict, however suggests you each have your own legal representative to assist unpick any intricate problems and guarantee your interests remain protected at all times.
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