Couples who are intent on getting a divorce or separation can either use a mediator or go through the whole court process.
Most couples opt to get solicitors to help them get the best deal from the divorce or the separation. Solicitors cannot act in the best interests of both parties and as such, the couple needs two lawyers to help them with the divorce process.
Using two solicitors makes the process expensive, complicated, adversarial and slow.
Mediation can be very beneficial to both parties and it is a good idea for both parties to carry out extensive research to decide on the type of mediation that suits them best.
Nobody can advise you at the outset how many mediation sessions will be required as this specific to each case.
However, in the first meeting, the number and depth of the issues will become clear and any necessary further mediation sessions can be discussed during the meeting.
Funding can also be discussed at the initial meeting. After introductions, generally, the mediator will allow each party to tell their side of the story uninterrupted. See our fees.
The mediator will then enter into a discussion asking open-ended questions and will try to find goals which both parties strive to achieve.
The mediator will try to ascertain the problems between the parties and will look to agreeing on a sensible way forward.
This type of mediation is widely used in the UK and it has had numerous successes.
This makes the process affordable for many people. In this method, the family mediator consults both parties over a number of sessions and helps them come up with a practical agreement on matters such as asset division and spousal and child maintenance.
Once the parties have come to an agreement, the family mediator draws up a summary for each party which will be handed over to solicitors for translation in the court.
The family mediator consults both parties at once and this may make the parties dishonest about their issues. Once the summary has been handed over to a solicitor, a party may bring up issues that he or she had not brought up during the mediation process. This will lengthen the divorce process.
Handing over the summaries to solicitors makes the process costly as the parties will have to cover the fees involved in dealing with solicitors.
This is a trainee solicitor who works for both sides in a matrimonial dispute.
Such mediators have a lot of knowledge acquired from their legal qualifications. The legal fees involved in this process are reduced significantly.
The problem associated with this kind of mediation is that the mediator is inclined to charging standard solicitor’s fees.
Mediation helps parties come to an agreement that is beneficial to all parties involved after carefully considering other available options.
In this way, the parties feel satisfied with the agreement and this prevents future wrangles.