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In recent years the courts have supported and developed schemes for mediation which offer an alternative way of resolving differences between people involving children and financial matters. If both parties agree to be referred for mediation, then any court proceedings can be put on hold until the mediation option has been considered. Mediation is where a trained mediator uses his/her skills to encourage the parties to reach a settlement between them which reflects both parties needs, interests and responsibilities and of course those of the children. The role of the mediator is to facilitate that agreement reached between the parties rather than to impose an agreement which is what a court may do.
The advantage of mediation is that it can be cheaper, quicker and more effective than a settlement through court proceedings. This is because the parties themselves have reached an agreement that they are reasonably happy with and therefore it is one that is likely to be fair and effective.
At any time during the mediation process you would be able to take advice independently and then resume mediation. Mediation may not be appropriate if you consider that you would not be in a fair bargaining position with your spouse or former spouse or that you feel that for whatever reason you would have difficulty discussing matters directly with your spouse or former spouse even through a mediator. For further details please contact us.
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