Divorce Mediation Process
Many couples who want to separate or divorce can now avoid protracted, divisive and costly Court proceedings. They can choose a faster, cheaper and less traumatic way, they can choose mediation.
Mediation is not meditation or conciliation. It is a process by which couples are able to resolve property, financial and family issues in private and reach a mutually acceptable negotiated settlement. A mediator is the skilled and neutral person who keeps the couple to come to a joint understanding of the issues and to fashion a solution which for their particular circumstances may be better than any solution imposed by a Court.
There are normally a range of decisions that should be made following separation or divorce. These may include arrangements for the children, housing, finance and property matters. When couples separate and they have children their children need a continuing interest and involvement of both parents in their lives. Many parents find mediation helpful when arriving at decisions about the future of their family.
Provided both parties have disclosed all relevant facts during the mediation and nothing is clearly unfair or contrary to the interests of the children, resolution of family, property and financial issues culminates in the signing of the Memorandum of Agreement. The Memorandum of Agreement can be incorporated into the Consent Order without the need for a Court appearance. What Are The Risks?
If a couple are unable to reach agreement on one or more of the issues at the end of a mediation session they simply walk away. The parties still have the choice of issuing proceedings in the Court. Mediation however allows couples to retain control over their problems and the resolution of them.
Meetings last no longer than 90 minutes. The number of meetings will depend on the number and nature of issues to be resolved.
Using a mediator to facilitate negotiations reduces the costs of divorce substantially. If matters become protracted and the matter proceeds to a final hearing the costs of litigation in an average matter can soon reach £10,000.00 for each party. The cost for each party amounts to £95 per hour per person.
Summary. If you are considering a divorce, mediation is a process which can save you a considerable amount of stress and hardship during the process. It should be considered early on in the divorce process to give it the best prospects of success.
