LAW
Mediation in divorce: How does it work?
TBI partner and head of private family law Wendy Beacom explains the merits of mediation, one of several methods of dispute resolution available in matrimonial cases.
Family mediation can play a pivotal role in helping families navigate separation, divorce and financial issues in a way that is more constructive and suitable to their family.
It can reduce conflict, support better communication, and can also assist in simply narrowing down the issues, allowing parties to focus on the“ bigger picture”, often leading to a more sustainable outcome for all involved.
But what exactly is mediation and what are the benefits?
What does mediation cover? 1. Difficulties with residence, contact or child support. 2. Difficulties with property division or debts. 3. Difficulties with the financial consequences of your divorce.
What are the benefits of mediation? 1. Improves communication. 2. It minimises conflict. 3. Ensures future arrangements are tailored to suit the needs of your own particular family. 4. You make your own decisions. 5. You are in control of the outcome. 6. It is confidential. The discussions that take place are private. This helps you to explore more openly all of the options that may be available to you.
7. It can be up to four times cheaper than the average court case.
8. It can be a quicker process than court proceedings.
9. It can be convenient, as the mediator can meet you during daytimes or evenings, including weekends and online appointments.
10. You can include your legal advisers should the issues be appropriate to work together within mediation.
Is mediation legally binding? Any arrangement reached during the mediation process could be recorded in a Memorandum of Understanding.
This document, however, is not legally binding, ie you cannot make an application to court to enforce any clauses contained within the Memorandum if the other side did not adhere to the agreed arrangements.
Can I refuse to mediate? Mediation is an entirely voluntary process. In most cases, it is a legal requirement to consider mediation before you can ask a court to make a decision on your case.
What happens if mediation doesn’ t work? If mediation proves to be unsuccessful or is deemed inappropriate an application can be made to court. The court would require a copy of the mediation certificate, which is valid for four months.
However, if mediation proves to be successful, the terms contained in a Memorandum of Understanding can form the basis of an application for an order that you consent to be bound by. It then becomes legally binding and enforceable by the court.
How Tilly Bailey & Irvine can help. The mediation providers are happy to accept referrals either directly or via solicitors or other professionals.
Here in the Private Family Law Team at Tilly Bailey & Irvine, each lawyer is a member of Resolution, which is an organisation that promotes a nonadversarial approach.
If matters can be resolved out of court, thereby reducing animosity and costs, then we absolutely want you to consider alternative means of dispute resolution such as mediation if possible.
The mediator will always refer you back to take legal advice to explore options or to ensure that terms agreed can be incorporated into a financial order or agreement in due course.
If you require the help and advice of TBI’ s Divorce & Private Family Law team, contact us today on 01740 646000 or visit tbilaw. co. uk / personal / private-familylaw / for more information.
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