Divorce Mediation

Only divorce cases involving child-protection issues or domestic violence go straight to court, with all others obliged to see if their case can be resolved by mediation before going to court. Mediation is a non-adversarial way for divorcing couples (or those dissolving their civil partnerships) to settle matters involving finances, property and children out of court, although it is advisable for you and your spouse to seek independent legal advice at the same time. This is because the mediator remains neutral and cannot give legal advice.

Rather than dictating how you should settle everything, a mediator is more like an impartial facilitator for your discussions, helping you identify and resolve problems while not taking sides. They can, however, give you advice about the law, make sure you are informed of your options and ensure that anything you decide is within the parameters of what's legally allowed.

Benefits of Mediation

Mediation can be a lot quicker and less costly than going to court, it also has the benefit of giving you and your spouse control in how your divorce is settled – you are deciding what to do rather than being told what to do. Since you and your spouse are directly involved in the discussions, you both know that the settlement you end up making is one you and your family can live with. If you can be open and honest with each other, this is much more empowering than having a third party make the decisions on your behalf.

Mediation can also help take some of the anger and tension out of divorce proceedings, particularly those misunderstandings caused by miscommunication. Although you and your partner, depending on the reasons for your divorce, may be angry with each other, you need to be able to communicate with each other to come up with a fair settlement – particularly where children are concerned.

Legal Advice during Mediation

It is still advisable though to have legal advice from a solicitor, who will be able to advise you on aspects such as:

  • The things you need to consider when going into mediation
  • Whether or not the financial proposals put forward will work
  • What financial information is necessary
  • The component parts of your divorce settlement you should have thought about.
  • Whether or not the suggested practical arrangements will work in practice
  • Whether the courts might disagree
  • Whether or not the proposals are fair to you and your family

While the mediator will be able to give you information on the above points (such as what the court can and can't make certain orders on), they cannot advise you in the way that an expert family law and divorce solicitor can.

Call Forbes for advice on Divorce Mediation

If you would like more advice on divorce mediation from our sympathetic and understanding solicitors, or would like sound legal advice to assist you through your mediation process, contact us today on Freephone 0800 689 1058 or fill in our online enquiry form to request a call back from one of our team.

13 Dec 2018

Family/Divorce

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