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Posted on: 15 July 2022 by Goodwins Family Law Solicitors
A divorce doesn’t always need to be settled in court. Many couples opt for mediation as an alternative way to reach a resolution to their divorce. We always recommend attempting to mediate before taking the case to court. It is often quicker, cheaper and results in less animosity.
In this article and infographic, we’ll explain everything you need to know about mediation. Read on to ensure you’ve explored every avenue for your divorce.
Mediation is the process of discussing your divorce with your partner in an attempt to reach a fair and amicable resolution. Mediation is typically carried out in a neutral setting and conducted by a neutral mediator who will aim to keep things constructive and peaceful.
You and your partner will hold a series of discussions led by a mediator in a neutral setting. You will be presented with various topics to discuss and will be advised how to keep the discussion on the right track. Mediation gives you the opportunity to have discussions in a safe environment that you may otherwise have felt unable to voice.
There will usually be many areas of discussion, some of which will be much easier to resolve than others. As a result, you’ll most likely require multiple mediation sessions before reaching what is considered to be ‘successful mediation’.
If successful mediation is reached, the sessions will conclude with an agreement — the memorandum of understanding — which you must deliver to your solicitor. If you fail to reach an agreement through mediation, the divorce will progress to the courts.
The key point to mediation is that it helps to ease discussion of difficult — or potentially inflammatory — topics. It enables both you and your partner to forward opinions, feelings and insights regarding the divorce in a safe environment.
Mediation is also advised because it avoids a drawn-out legal battle and helps both parties to reach mutually beneficial terms instead of leaving the decision at the discretion of a judge.
In most cases, you are legally required to consider mediation by attending a Mediation Information Assessment Meeting (MIAM) before you can ask a court to judge on your case. However, it is recognised that mediation will not always be suitable for every couple. Your solicitor will usually recommend attempting mediation before progressing your case to the courts.
Divorcing couples will attempt to resolve many issues during mediation, including:
At Goodwins, we can arrange your mediation and give you all the help and advice you need for the process. We have a team of lawyers who specialise in various areas of family law and will help you with any problem you might have.
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