If you are at the point of separation, or you are already separated or divorced, mediation may help you focus on the future.
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Is mediation right for your divorce?
Mediation is increasingly the most popular option for fixing the problems surrounding divorce and relationship breakdown. Family courts favour mediation as an alternative to court action for separating couples and, in many cases, you will need to show that you have at least thought about mediation prior to being allowed to take your divorce through the courts.
While mediation is suitable for most divorces, we value that some people are unsure about how the procedure works, the benefits it uses and whether mediation is actually suitable for their situation. We aim to answer a few of these basic concerns, so you can have more confidence about selecting mediation for your divorce.
How mediation for divorce works
Mediation is the process of you and your spouse conference with a skilled, neutral arbitrator to talk about 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 have the ability to make in each session. Any agreement you reach during mediation will be voluntary, however you can make an application for a Consent Order from a court to make the agreement lawfully binding.
A family court will generally require you to participate in a Mediation Info and Evaluation Meeting (MIAM) to see if mediation could be best for you as part of the procedure of getting divorced.
Advantages of mediation for divorce
There are numerous crucial advantages to using mediation for your divorce that have contributed to its growing popularity.
Speed – Since you do not need to await a court date, it is typically much faster to get divorced using mediation than by going to court. By getting you and your ex-partner in one place, it can likewise accelerate communications in between you.
Due to the fact that of the lower legal charges involved, expense – Mediation is normally much less expensive that court action.
Preventing conflict – The arbitrator’s job is to guide you to concurring a service while diffusing any potential for conflict. This not only makes the process of getting divorce more amicable, but can also allow you to preserve a better relationship with your ex. This can be highly helpful, particularly if you have children together.
Control – Mediation permits you to keep control of your divorce, instead of leaving the decision in the hands of a judge.
Privacy – When you litigate, the proceedings are kept in public, implying the information of your divorce, consisting of any financial settlement will be made public. Mediation enables you to keep your divorce private, implying the details will just be understood to your and your spouse.
Should you utilize mediation for your divorce?
Mediation is usually suitable for the huge majority of divorce cases. However, if the relationship between you and your partner is particularly acrimonious, it may be hard to keep the process productive. Mediation may likewise not appropriate in cases where there has been domestic abuse and a court will usually permit you to avoid the requirement to think about mediation where this holds true.
If there are particularly complex problems to fix, such as a service you own together, it might be worth considering collaborative law instead. This involves you and your partner conference to negotiate the regards to your divorce, each of you supported by your own attorney trained in collaborative law. The aim is still to agree a mutually acceptable solution while reducing dispute, however indicates you each have your own legal representative to help unpick any complex problems and ensure your interests stay protected at all times.
Solent Family Mediation divorce solicitors in London and the South East have many years of experience assisting individuals to get divorced quickly, cost-effectively and with minimal dispute using mediation and other non-confrontational approaches. With a delicate but useful technique, we aim to make getting divorced as straightforward as possible.
To learn more about mediation for divorce, call us now on 0238 161 1051 or use the enquiry kind below and we will get back to you without delay.
This not only makes the process of getting divorce more amicable, however can likewise allow you to preserve a better relationship with your ex. Mediation is typically suitable for the huge majority of divorce cases. Mediation might also not be suitable in cases where there has been domestic abuse and a court will usually permit you to avoid the requirement to think about mediation where this is the case.
This involves you and your partner conference to negotiate the terms of your divorce, each of you supported by your own attorney trained in collaborative law. The aim is still to agree an equally acceptable service while reducing dispute, however means you each have your own legal agent to assist unpick any complicated concerns and ensure your interests remain safeguarded at all times.
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