What is mediation?
Mediation is a voluntary process to resolve a conflict. It involves structured negotiations with the help of an independent mediator who helps to resolve parties’ disputes.
Mediation can help you and your former spouse to resolve disputes about children, property, spousal maintenance and child support. Before you or your former partner can start proceedings in court, you must make a genuine attempt to take part in family mediation.
Who is a mediator?
A mediator is an independent person who helps negotiations to take place. He/she does not take any sides and does not make any decisions.
What you say to a mediator is confidential and if mediation fails, you can still take legal action. The court won’t know what you discussed.
A mediator is often a lawyer but he/she cannot give you legal advice. You should always instruct a solicitor before going into mediation.
When is mediation not suitable?
Mediation is not suitable for every situation. It is not counseling. It may help you resolve a dispute, but its primary use is not to fix your relationship.
Mediation is also not suitable when there is domestic abuse or if there is a power imbalance between you and your former partner.
Why mediation?
Going to court takes a lot of time. It could be months if not longer before you resolve your dispute. It can also be very expensive. Mediation is quicker and more cost effective.
Mediation helps find common ground if there is one. It helps both you and your former partner to “win” without there being a loser.
When you reach an agreement, speak to your solicitor about how to make it legally binding.
Mediation is a good start to try to resolve your dispute. It doesn’t work for everyone, but it’s a cost effective and a quick option.
If you would like to know more about mediation or how mediation may assist you in resolving your family law dispute, call us today to arrange to speak with an expert family law Solicitor.