Is mediation compulsory in divorce?

By Solent Family Mediation |
November 1, 2021

What is Divorce Mediation?

Through Family mediation, you and your soon-to-be ex-spouse establish what is right for the two of you and, most importantly, for your children. In mediation, you and your partner meet with a third party, known as the mediator, who helps you resolve your concerns in order to end your marriage as happily and cheaply as possible. The following themes are included, but are not limited to:

  1. Residential Or Commercial Property Distribution (Assets/Liabilities).
  2. Child Custody and Parental Responsibility
  3. Child Maintenance/Support
  4. Retirement.
  5. Taxes.

In mediation, the couple, with the help of the conciliator, exercises arrangements on the above problems. Sometimes agreements come easy, in some cases they take time and a great deal of work. When agreements are hard to reach, that is when the mediator intervenes. It is the mediator’s responsibility to keep channels of communication open, generate ideas, truth test the couple, educate empathy, and assist the couple in making decisions. Mediators help keep the couple focused on the issues at hand and prevent them from straying. When divorcing couples stray from the aforementioned issues during mediation, arguments, name-calling, and terrible memories from the past arise.

Family Mediation is versatile and confidential. It offers you and your spouse a way to settle the conflict between you in a way that assists you to work together as parents. This is very important if you have children and should communicate with your ex-spouse after you are separated. Mediation produces interaction in between the couple, which can then be used when they need to discuss issues in referring to the kids. Absence of interaction may have been among the primary factors for their divorce. Mediation has the ability to help the couple learn to communicate once again, if only for the sake of the children, and make their post-divorce relationship better than their wed one.

A divorce mediator is impartial and does not represent either parent. That means the mediator is unable to make recommendations to either party. They must maintain neutrality regardless of the situation.

What mediation can do, however, is assist the divorcing couple in creating concepts that can ultimately result in agreements that will stand the test of time. That complimentary and open exchange of details allows both partners to exercise together with confidence. Due to the fact that both couples are working from the same informational foundation, it often takes much less time to reach a mutually acceptable settlement.

Family Mediation is voluntary. It continues only for so long as all three of you – you, your spouse, and the mediator– want it to. Mediations can be performed weekly, every two weeks, regular monthly or how ever frequently the couple wants them to be. This is their mediation and they choose whatever at the same time.

For how long does divorce mediation take and what are the expenses?

The length of mediation depends upon what problems have actually been agreed to prior to mediation and those concerns that require to be attended to during mediation. Likewise, the quantity of time invested in mediation is contingent upon you and your spouse’s desire to come to agreements that are fair for the both of you and your determination to do what remains in the best interests of your children.

The time invested in mediation can be lowered if you and your partner are able to come to agreements prior to mediation, or at the least, narrow down your choices to a couple of convenient ones. If you and your spouse cannot discuss the divorce outside of mediation, you should avoid it at all costs. When couples attempt to resolve difficulties on their own, resulting in disputes and “drawing lines in the sand,” mediation becomes more challenging and time-consuming.

Usually, pre-decree divorce mediation can be completed in 4-10 sessions. Again, for how long it takes truly depends on what if any communication there is between the divorcing couples and their level of animosity for each other. If either among the partners hesitates to budge from their certain position on a divorce issues, mediation might not be an option for them and they might need to litigate in court. Communication is shut down and the fight starts as soon as this occurs.

Remember that disputes often culminate in a situation in which both sides lose. Couples who utilised mediation, on the contrary hand, were pleased with the agreements they reached, and both parties believed they had achieved their goals. You through mediation, or attorneys and judges during a court-supervised divorce, would you like to choose what happens to your family and assets following a divorce?

In the legal system, divorce is a public matter. Anyone can attend court and listen to the details of your divorce. Remember that disputes often culminate in a situation in which both sides lose. Couples who utilised mediation, on the contrary hand, were pleased with the agreements they reached, and both parties believed they had achieved their goals. Who would you prefer to decide what happens to your family and finances following a divorce, you through mediation or attorneys and judges during a court-supervised divorce?

Divorce mediation involves you and your soon-to-be ex-spouse determining what is best for both of you and, most crucially, your children. The duration of mediation depends on whether issues have been settled prior to mediation and which issues must be resolved during mediation. If you and your spouse are able to reach agreements before to mediation, or at least narrow down your options to a few convenient ones, the time spent in mediation can be reduced.

If either partner is unable to budge from their particular viewpoint on divorce-related matters, mediation may not be an option for them and they may be forced to litigate. If you were getting a divorce, who would you rather have make decisions about your children and your assets: a mediator or a judge?