When going through a divorce, there are a few processes that have to be undertaken before the final solution of parting ways. Mediation is one of those divorce steps, providing a chance to calmly and methodically talk through the issues at hand and to work out a resolution before the last resort of allowing a court to decide the final arrangements of a divorce.
Mediation involves the two parties going through a separation and a mediator, who is there to ensure the discussion is constructive and allows each party to have their say in an open and safe area. Mediation offers flexibility as you can tailor the discussion around your own specific, personal circumstances. Marriage counselling is the phase of a separation aimed at bringing a couple back together, whereas mediation is the process of agreeing how to part ways amicably.
The Benefits of Mediation
There are a number of benefits to mediation for divorce, including the flexibility we’ve just discussed. To go into it a little further, some couples may not have been married for a great length of time and only rent a home, not sharing many belongings. Others may have been married and living together for decades, sharing property, many belongings. Each marriage is different, with children involved or not, some have adopted or foster children, others own businesses together. Each case is unique and a mediator will be able to help you work through those specifics.
Mediators are trained to work within this area and know exactly how to identify and resolve any issues that become apparent during discussions. They are neutral, allowing both sides to air their views in a safe place. The mediator is not there to offer advice to either party, only to facilitate the discussion. A solicitor should be hired to discuss your personal situation and to offer advice as to what you should be looking to acquire through mediation and how to approach it.
As the discussion moves forward, the mediator will be able to offer as much information as is needed about the law and the options available to both parties. Once agreements have been made through mediation, your mediator will be able to draw up a ‘Memorandum of Understanding’. This notice sets out the proposals that both parties have agreed to work with, which can then be drawn up into the relevant legal papers through your solicitors.
Mediation is the most cost effective way to reach an agreement over a split between two people. As you are involved in the whole process you will understand all the options open to you and have made the best decisions for you and your family and circumstance. You’ll have a full understanding of your finances, property situation and all aspects to put each individual in the strongest situation moving forward.
If you are going through a divorce, mediation will require legal advice to supplement it. Your divorce solicitor will offer their support for the mediation process, financial proposals and can advise on the fairness of those proposals.