Mediation is the process by which separating couples seek to reach an agreement about matters relating to their children, finances and property. You and your husband, wife or partner would meet with a trained independent third party – the Mediator.
The Mediator’s role is to facilitate discussions between you to encourage you to reach agreement about the issues which you as a couple wish to discuss. Mediation is not reconciliation or counselling.
It is usually sensible for you to receive legal advice alongside the Mediation process to ensure that you are well informed about your legal position. Once a financial agreement is reached, that agreement should then be formalised. Again, with the assistance of legal advice.
Mediation can be quicker and may be less expensive than going to court. The process is designed to assist you to communicate and co-operate with one another. The sessions which usually last one and a half hours each can be arranged with a regularity to best suit your requirements. The number of sessions will depend on the issues which need to be resolved.
The advantages of mediation as opposed to court imposed decisions are:
You co-operate to resolve conflict
The aim of a mediator is to help both parties work together to reach a solution to their problems and arrive at an outcome they are both happy to accept.
You reach joint decisions
Once a resolution has been reached, a mediation agreement can be drawn up and parties tend to stick to this agreement because they have prepared the terms themselves.
A faster, less costly solution
Both parties share the cost of mediation, which will depend on the complexity of the claim. This method is frequently less stressful and cheaper than going to court.