What is Mediation?
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Mediation is a very effective means of managing the process that allows for divorcing and separating couples to reach agreement on their impending separation. It is also a successful way of handling and resolving disputes between family members, for example, relationships with in laws.
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Mediation’s objective is for the parties to reach their Agreement which will often cover the resolving of differences as to how to divide assets, meet accommodation needs and the parental time sharing of any children the couple may have.
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The process is conducted through an impartial Mediator who works with both parties to facilitate their way forward. Mediation is committed to finding terms acceptable to both parties but whilst the Mediator manages the process, it is the parties who enable the outcome.
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Experience shows that Agreements made voluntarily by parties are ultimately the strongest Agreements and will stand the test of time.
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Mediation is a structured and bespoke process of resolving disputes in a civilised, cost effective and lasting way.
How long will the Mediation process take?
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The process starts with a one on one meeting with the Mediator and each party. This is known as the Intake Session. The Intake Session takes one hour and allows each party to state their feelings and needs in total confidence. It is also the opportunity for checking that mediation is the appropriate dispute resolution choice.
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Having established that mediation is the way forward, there follows a series of shared mediation sessions. Each session lasts for one and a half hours. The usual number of mediation sessions is four to six sessions, but an Agreement can be reached sooner. Ultimately the duration of the process is determined by the parties.
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Documents produced in Mediation: After each mediation session, each party is sent an Outcome Summary as a record of the meeting and any agreement reached. At the end of the mediation process each party is sent their final written agreement known as the Memorandum of Understanding (MOU). Also, each party will be sent a document called the Open Financial Statement (OFS) which records their assets, liabilities and income.
What are the advantages of Mediation?
There are several! To list the most important …
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Financial Cost: Divorce litigation can cost each party up to £40,000. Sometimes more. Lawyers are of use in providing advice which can complement the mediation process and for fighting one party’s corner when no other option is left. However, in the majority of cases, mediation wins hands down in terms of value for money. An agreement is reached for a fraction of the cost.It makes financial sense!
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Emotional Cost: Separation and divorce is an upsetting and painful time for the family and emotions are raw.People often dig into what seems like irreconcilably opposed positions when they do in fact have compatible and common needs and interests. Mediation can turn a two way fight to the death into a three person search for solutions which meet both parties’ needs. Going forward, particularly where there are children and there are continuing relations between the parents,then coming to an Agreement through mediation minimises the bitter conflict and allows a dignity that litigation does not cultivate.
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Time: Mediation is the calmest, swiftest way to reach a settlement and allows the family to move on with their lives
Is Mediation for you?
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If you are both committed to a cost effective and civilised way of separating, then why not try it? Resolve and thou art free
