Mediation

About Mediation

What is it?

You may have heard about mediation as a way of resolving issues arising from your separation without going to court. What you might not know is that more and more couples are choosing mediation as a way to avoid costly court proceedings and much of the bitterness of divorce.

Mediation is a way of working jointly towards a solution that is fair to you both.

Overall, mediation is a quicker, less expensive and friendlier way of resolving your differences and of remaining on amicable terms after your separation. If you have children it can be reassuring for them to know that you are working and will continue to work together to sort things out.

The process:

You and your spouse or partner meet and discuss the issues which are most important to you, most commonly, your children and family finances.

Your impartial mediator is present to help you to communicate better, enabling you to reach a settlement you both agree will benefit your whole family.

If you make a proposal, you can each take this back to your own solicitor who can give you advice and turn your proposal into a legal document recognised by the court.

How Mediation Works

Just because you no longer want to live together as a couple doesn't mean that you no longer care about each other. So, if you and your partner both agree, you can opt for mediation at any point during separation or divorce.

Mediation is a way of working towards your own settlement, with the support and guidance of a Resolution Mediator, a specialist family solicitor who is skilled in impartial mediation.

In the early stages of your separation, mediation can help you to communicate about issues which you might otherwise find difficult to address and which, in a more traditional divorce, lead to conflict.

All discussions are absolutely confidential and, if you cannot reach a solution, you are not in any way tied to what has been discussed.

Mediation is voluntary and you can withdraw at any time. If you do withdraw without reaching a solution, you will not have given away anything that your former partner could use in court, so you really have nothing to lose.

You may still need a solicitor of your own, to advise along the way, but instead of asking them to negotiate a settlement on your behalf, you will simply be asking for advice about any proposals you make. Your solicitor will also be able to turn your agreement into a legal document which will be accepted by the courts.