Mediation is a term often used but there is still some uncertainty around what it is. Why can it be beneficial in the divorce process? Traditionally couples attended separate solicitors that went back and forth to ‘win’ the most they could from the divorce. Most certainly ending up in court for an impartial judge to make the decision for them.
But this method created unhappy clients who wanted to move on with their lives and do it fairly. In April 1999, the Government made couples legally obliged to attempt to resolve their cases through mediation. Today, mediation is not used to its full potential.
What is mediation?
Mediation encourages conversation and gives the opportunity to discuss the aspects of divorce that needs resolving. Such as children arrangements and financial settlements. The mediator is completely impartial and the conversations are non-binding. Once agreed this then goes back to your legal representative to make it legally binding. Saving you from costly litigations and court costs.
The key is to start effective mediation at the very beginning of the divorce process to save you money and solve issues. This gives you the ability to agree on settlements before starting lengthy, costly legal engagements. Depending on your reasons for divorce. Mediation can be difficult as you do need to be in the same room to negotiate discuss relevant elements of your divorce.
The difference between mediation and negotiation
It may seem that mediation and divorce negotiation are one of the same thing – but this is not the case.
The biggest difference is mediators focus on opening dialogue but detach from organising settlements. Divorce negotiators use their mediation skills to assist in dialogue and help parties come to an agreeable settlement allowing both parties to move forward with the divorce process.
Divorce negotiators continue to work with both parties throughout the entire divorce. Cutting out the cost of another legal representative. They have the ability to help you come to settlements quicker. Mediation is important at the start of the process. It allows you both to move on with your lives quickly and gives you a fairer outcome once your divorce is final.
Divorce can be one of the most daunting, upsetting and difficult situations you encounter in your life. It is important to use a process and company that allows you to both take control and allows you to move on with your lives once this is this complete.