This week marks ‘Family Mediation Week’ aimed at raising awareness of mediation and how it can help separating families manage their issues collaboratively and productively.
Despite the general belief that divorce will be a messy and costly process, if managed properly, the process of divorce, and where applicable the financial and children issues that come with it, can actually be resolved in a way to keep acrimony and costs to a minimum.
Divorce is a daunting step for anyone to consider taking. The uncertainty about the future, what will happen financially, and the impact on the children are all natural concerns together with fears over huge legal fees. However, if explored properly there are ways in which fears surrounding costs, and also the concerns regarding future financial security and the arrangements for the children can be managed effectively. One of these is by considering mediation.
WHAT IS MEDIATION
It is a process where the parties would meet together with a mediator who is completely impartial and will help the couple to examine and consider any issues that they may wish to resolve and to try and reach mutually acceptable outcomes. Therefore, for couples committed to working together cooperatively to obtain fair and workable solutions to their problems, mediation can offer a much cheaper and faster outcome than contesting matters in Court.
BENEFITS OF MEDIATION
- Both parties remain in control of what decisions are made for themselves and if applicable their children, whereas Court proceedings could result in a Judge or Magistrates making an Order that both parties would be bound by and neither could be entirely happy with.
- With the average costs of Court proceedings being in their thousands of pounds, mediation offers a more affordable alternative to resolving the issues.
- Mediation can also provide a much quicker way for the issues to be resolved rather than lengthy negotiations via solicitors or Court proceedings which can last for months or even years in some cases.
- The informal nature of mediation, with the discussions being without prejudice which means that whatever is discussed or said in mediation cannot be used in any subsequent Court proceedings, can provide a less stressful platform for the parties to attempt to reach mutually acceptable proposals for themselves and their children.
Mediation can provide a forum for this to be achieved. Therefore, divorce does not always need to be seen as a “D day” event, but rather if this process were considered, the opportunity for a new start to be managed affordably and as quickly as possible.
Should Family Mediation be a process which you feel could assist you to resolve outstanding issues between you and your former spouse or partner, or should you wish to find out more about the process then please contact us at Cartwright King for further information.
All advice is correct at time of publication.