The Benefits of Mediation during Divorce Proceedings
In divorce proceedings, agreeing on child arrangements and the division of assets can sometimes prove tricky. Problems arise when parties disagree as to what is a ‘fair’ settlement and often stand their ground to achieve what they deem a fair outcome. Many people think that going to court is the only way to solve these issues, but court is not the only option available and should generally be treated as a last resort. Mediation is an effective and often preferred method to attempt to resolve family disputes.
What is Family Mediation?
Mediation is a process where an independent mediator assists couples going through a divorce to agree matters. This is usually in relation to finances and child arrangements. The mediator remains neutral in these discussions and so is unable to take sides or offer any legal advice on any agreement proposed at the meeting. There may be scope for the mediator to explain the law, but they strictly cannot give either party legal advice. Instead, they help the parties to communicate in a setting that is less formal than a court. The mediator helps guide and provide focus to the discussion to assist the parties in reaching an agreement.
Mediation is a voluntary process and so both parties must be willing to take part and be prepared to engage fully with the process. Mediation is also private and confidential between the parties. This means that anything discussed during mediation cannot be used or discussed in court. This is so that both parties are free to speak openly without the worry of anything said or any offers made being used against them in the future.
Benefits of Family Mediation
1. Less Stressful
Divorce proceedings can often be very stressful and emotional, even more so when court hearings are involved. Court cases often lead to arguments and can further negatively impact upon the relationship between the parties. The mediator helps ensure both sides negotiate calmly and respectfully. This can make it easier to reach an agreement and reduce the intensity of the negotiations.
2. Saves Money
Going to court can mean expensive legal fees. Mediation is usually a much more cost-effective option because it can involve fewer sessions and less formal proceedings. This can be very helpful, especially when a lot of money has already been spent dealing with a divorce or separation. The fee for mediation is usually split between the couple and so saving further costs by using one professional between the two of them rather than negotiations going between solicitors.
3. Saves Time
Court cases can take months and sometimes years to resolve. This can leave families in a situation where they are left unsure of the outcome which leaves any future planning difficult. Mediation is usually a faster process. Most mediations are completed in a few sessions. When important decisions, such as where the children will live need to be made, it is better to reach an agreement quickly so that they can be implemented as soon as possible so as to provide stability for the children.
4. Control Over the Outcome
In court, the judge will make the final decision. Neither party has control over what that decision will be. Often, both parties will come out of court disappointed with the outcome. In mediation, the people involved have full control over the outcome. They can talk openly about their needs and work together to find a solution that works for each of them. As the agreement is made by the people involved, they are more likely to be satisfied and adhere to the conditions.
5. Keeps Things Private
Family matters are personal, and many people do not want their private lives discussed in court. Mediation is a private process, so what is said in mediation stays in mediation. This allows people to talk openly and honestly without worrying about their situation becoming public. As referred to above, anything discussed at mediation is confidential between the parties.
6. Helps Keep Relationships Intact
Even after a divorce or separation, families often need to maintain a relationship, usually when children are involved. Court can make these relationships even more difficult. Mediation focuses on working together and finding solutions that work for everyone. This can help keep relations civil which is important for co-parenting and other interactions, including any future discussions.
7. Flexible Process
Mediation offers a level of flexibility that court cannot. The people involved can choose when and where the mediation sessions will take place, making it more accessible for everyone. The mediator can also adapt the process to meet the needs of the people involved. The sessions can be held in person together, in person in different rooms or using online video software such as Teams or Zoom.
8. Focuses on the Future
Court cases can often focus on past events, which can lead to more conflict. Mediation, on the other hand, is about finding a way forward. The mediator helps the parties focus on what is best for the future. This forward-thinking approach is particularly helpful in cases involving children where the focus should be on what is best for the children.
Conclusion
Mediation offers many benefits that make it a preferred choice for resolving family disputes. It is less stressful, protects children from conflict, and is both cost-effective and time-saving. Mediation also allows people to maintain control over the outcome, keeps matters private, and can help preserve relationships. With its flexibility and reliance on cooperation, mediation is an excellent option for families looking for an effective way to resolve their disputes.
For advice in relation to mediation, please contact Philip Elliott at or telephone our office on 01234 303030. Philip is an experienced Solicitor as well as an accredited Mediator so can assist in his capacity as either a Solicitor or Mediator.